Law:

Section:

Punjab Pre-emption Act (I of 1913)-------S.15---Civil Procedure Code (V of 1908), O.XLI, Rr 4, 33 & S.115---Suit for pre-emption decreed by Trial Court---Judgement and decree of Trial Court was not challenged by one of vendees---Dismissal of appeal on that sole ground---Validity---Sale was indivisible and could not be split up so as to exclude share of vendee who had not challenged and decree passed by Trial Court---Appellate Court did not exercise its discretion in favour of petitioners for good reason namely that sale between vendees being not divisible, could not be split up to the extent of vendees who had challenged decree of Trig Court---Judgments and decrees of Courts below were maintained in circumstances. Saeed Ahmad v. Indo Enamel Works Ltd., Lahore PLD 1954 Lah. 490; Muhammad Hassan v. Zafar Ali Khan PLD 1962 (W.P.) Pesh. 199; Mahboob Alam v. Mir Zaman and other PLD 1974 Lah. 218; Sher Muhammad v. Muhammad and others 1981 Law Notes N.U.C. SC 214; Abdullah and 3 others v. Abdul Karim and others PLD 1968 SC 140 and Manghta Khan and others v. Hamida Begum and others PLD 1981 SC 51 ref. JUDGMENT In this revision petition the judgments and decrees passed by the learned lower Courts have been challenged. 2. The brief facts are that Mst. Rehmat Bibi and others sold agricultural land measuring 42 Kanals, 18 Malras, situated in village Khaneki More, Tehsil Chunian, District Kasur to Mahmood Ahmad son of Hassan Muhammad, Bashir Ahmad son of Maula Bakhsh, Mahanda son of Wahga, Rehmat son of Bagha and Sher Muhammad son of Bheela. The sale was oral through Mutation No. 1028 dated 13-12-1973 for a consideration of Rs.30,000. This sale was challenged in the suit for possession through pre-emption by Aziz and Sana Ullah, respondents. The suit was decreed by the learned trial Court on 19-5-1982. The judgment and decree was challenged by the vendees, excepting Rehmat vendee, before the learned Additional District Judge, Kasur who vide judgment and decree dated 19-5-1987 dismissed their appeal holding the same as incompetent on the sole ground that the judgment and decree of the learned trial Court was not challenged by one of the vendees, namely, Rehmat,…

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