Law:

Section:

Punjab Pre-emption Act (I of 1913)=------Ss. 4, 15 & 21---Suit for pre-emption ---Right of pre-emption ---Nature and extent of---Land owned by two sisters having been purchased by their brothers, son of one of vendors, claiming superior rights of pre-emption filed suit for pre-emption---Trial Court accepting claim of pre-emptor decreed his suit to the extent of half share of suit land---Appellate Court below dismissed suit setting aside and decree of Trial Court, holding that even if a pre-emptor was found to have superior right of pre-emption qua a part of property, decree could not be granted to said pre-emptor unless and until sale was held to be divisible---Finding of Appellate Court could not be sustained, because right of pre-emption was a right of substitution and effect of pre­emption decree upon fulfilment of its conditions was that pre-emptor would substitute vendee to the extent 'of his superior right of pre-emption ---Pre­emptor being son of one of vendors would be substituted for vendees to the extent of half share of land sold by his mother regarding which it had been concurrently found by two Courts below that pre-emptor being son of one of vendors had superior right of pre-emption ---Order of Appellate Court being contrary to law was set aside and that of Trial .Court was restored. Abdullah and 3 others v. Abdul Karim and others PLD 1968 SC 140 and Ghulam Muhammad and 3 others v. Khushi Muhammad and another PLD 1973 SC 444 ref. JUDGMENT The respondents purchased the suit land from their sisters namely, Mst. Rajan and Mst. Jannat for a consideration of Rs.20,000 vide registered sale-deed, dated 26-1-1967. The appellant claiming to be the son of Mst. Jannat and nephew of Mst. Rajan filed a suit for possession of the suit land by pre-emption. The respondents resisted the suit. Issues were framed and evidence of the parties was recorded. The learned trial Court found that the appellant being the son of Mst. Jannat had a superior right of pre-emption against the vendees qua the land sold by the said ladies but since the vendees were brothers of Mst. Rajan, he was held to have no superior right qua the land sold by Mst. Rajan. Consequently, the…

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