Law:

Section:

Punjab Pre-emption Act (I of 1913)--S. 15---Constitution of Pakistan (1973), Art. 185(3)---Suit for pre-emption--­Decree by two Courts below was maintained by High Court ---Validity--­ Defendants could not point out any infirmity in concurrent findings of three Courts on issue of plaintiff's superior right of pre-emption ---Defendants however, contended that although plaintiffs were directed by Trial Court and Appellate Court to deposit specified amount, yet they actually deposited lesser amount, therefore, their suit was liable to be dismissed---Defendants made grievance that such point was specifically taken in grounds of revision but High Court had not attended to it---Perusal of of High Court showed that defendants did not press such point at the time of hearing---Objection raised by defendants involved determination of question of fact, viz. whether plaintiffs had deposited pre-emption amount in accordance with directions of lower Appellate Court or not---Such determination could not be made by Supreme Court while hearing arguments on petition for leave to appeal, for the same would entail factual inquiry ---Defendants, however, could more appropriately take such objection at the stage of execution of ,impugned decree---Leave to appeal was refused in circumstances. PLD 1968 SC 140 ref. Sardar Muhammad Akram, Advocate Supreme Court for Petitioners. Talib H. Rizvi, Senior Advocate Supreme Court for Respondents Nos. l and 2. Date of hearing: 23rd October, 1995. JUDGMENT ZIA, MAHMOOD MIRZA, J.---Suit for possession through pre-emption brought by the plaintiffs/respondents on the ground that they were the owners in the estate was decreed with costs by the trial Court holding that though some of the vendees were also owners in the estate but they having -joined with them some strangers in the sale which was indivisible were relegated to the position of the strangers by virtue of the principles of sinker and as such they could not compete with the plaintiffs who being the owners in the estate had superior right of pre-emption. It was further found by the trial Court that the sale was made for a sum of Rs.23,040 mentioned in the sale-deed. The judgment and decree…

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