Law:

Section:

Punjab Pre-emption Act (I of 1913)-------Ss. 15 & 21---Civil Procedure Code (V of 1908), S.115---Suit for pre­emption by rival pre-emptors ---Superior rights of pre-emption--­Determination---Two rival pre-emptors filed separate pre-emption suits against vendee of said land---Trial Court decreed suit filed by plaintiff/petitioner holding her to be a co-sharer in said land---On filing appeal by rival pre­emptor/respondent, Appellate Court finding plaintiff/petitioner to be an owner of estate, a status equal to rival pre-emptor/respondent, modified decree passed by Trial Court in terms that both pre-emptors would share suit land equally--­Rival pre-emptor/respondent in evidence before Trial Court had admitted that plaintiff/petitioner was a co-sharer in suit land and Jamabandi in respect of suit land for relevant year had also shown that plaintiff/petitioner was co-sharer in suit land, but Appellate Court below had altogether ignored that fact---High Court allowing revision, set aside and*decree of Appellate Court below and restored and decree of Trial Court. JUDGMENT Land measuring 26 Kanals situated in Mauza Nara Shamali Tehsil and District Khushab was owned by Sher Bahadar. He had purchased this land in open auction followed by Mutation No.207 attested on 30-4-1969 (Exh.P.4) vide Mutation No.209 attested on 10-5-1969 (Exh.P.3), it was sold to Dost Muhammad respondent. Against the said sale the present petitioner and respondent Sultan Bibi filed separate pre-emption suits. These suits were consolidated. The vendee contested the suits, necessary issues were framed and the suits were tried. 2. Vide judgment, dated 16-12-1982 of the learned trial Court the petitioner was held to be a co-sharer and Sultan Bibi, the rival pre-emptor, was found to the owner of the estate. The suit filed by the petitioner was, accordingly, decreed and in case of her failure to deposit sale consideration by the given date. Mst. Sultan Bibi was entitled to the decree. 3.Against the said judgment and decree not only Mst. Sultan Bibi, the rival pre-emptor, but also Dost Muhammad, the vendee, filed two appeals. Vide judgment and decree, dated 3-5-1984 of the learned District Judge,…

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