| Citation(s) |
|---|
| 1999 SLG 275 1999 SLD 275 1999 SCMR 201 |
Supreme Court of Pakistan
Civil Appeal No.573 of 1994, decision dated: 7-12-1998. (On appeal. from the judgment of Lahore High Court, dated 29-6-1994, passed in R.S.A. No.75/83), hearing DATE : 27-11-1998
SAIDUZZAMAN SIDDIQUI AND ABDUR REHMAN KHAN, JJ
Ch.Mushtaq Ahmed, Advocate Supreme Court and Sh. Salah-ud-Din Advocate-on-Record (absent) for Appellants. Syed Ayub Bokhari, Advocate Supreme Court and Ch. Akhtar Ali Advocate-on-Record for
Respondents
Civil Appeal No.573 of 1994, decision dated: 7-12-1998. (On appeal. from the judgment of Lahore High Court, dated 29-6-1994, passed in R.S.A. No.75/83), hearing DATE : 27-11-1998
SAIDUZZAMAN SIDDIQUI AND ABDUR REHMAN KHAN, JJ
Ch.Mushtaq Ahmed, Advocate Supreme Court and Sh. Salah-ud-Din Advocate-on-Record (absent) for Appellants. Syed Ayub Bokhari, Advocate Supreme Court and Ch. Akhtar Ali Advocate-on-Record for
Respondents
ABAIDUR-REHMAN and others
VS
MAHMAND and others
Law:
Section:
Punjab Pre-emption Act (IX of 1991)--Ss. 5 & 15 --- Right of pre-emption --- When arises --- Waiver of right of preemption by pre-emptor --- Condition --- Statement of pre-emptor before the Trial Court that he could not purchase the property at the time of its sale as he had no money at that time, neither amounted to waiver of the pre-emption right nor such statement of pre-emptor was indicative of a conduct which would be construed as waiver of their right of pre-emption --- Such assertion of pre-emptor that as soon as he was able to collect necessary funds, he exercised his right of pre-emption in respect of the suit land indicated that at no stage he had given up the right of pre-emption in respect of the land. The right of pre-emption arises on sale of the property in question but this right can be waived by the pre-emptor before the actual sale, either by express refusal to purchase the property or a clear conduct of the plaintiff showing that he is not interested in the purchase of the property. The right of pre-emption arises only on the sale of the property but it is open to the pre-emptor to waive his right before the actual sale either by express refusal to purchase the property or by a clear conduct on his part showing that he was not interested in the purchase of the property. In the present case, there was nothing in the evidence to show that the vendor or the vendee had approached the pre-emptors before sale of the suit land and offered them to purchase the property but they declined to purchase the same on the ground that they had no money to purchase the same. The statement of pre-emptors before the trial Court that he could not purchase the property at the time of its sale as he had no money then, neither amounted to waiver of the pre-emption right nor such statement of pre-emptors was indicative of a conduct which could be construed as waiver of their right of pre-emption. In fact, his assertion that as soon as he was able to collect necessary funds, he exercised his right of pre-emption in respect of the suit land indicated that at no stage, he had given up his right of pre-emption in respect of suit land. Pre-emptor by stating in his…
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