Law: Punjab Pre-emption Act, 1913

Section: 3(5),4,15

Law: Civil Procedure Code (V of 1908)

Section: O.XX,R.14

(a) Punjab Pre-emption Act (I of 1913)--- ---S. 3(5)---Sale---Mode of---Nature of transaction---Determination---Mode of sale having not been contemplated in Punjab Pre-emption Act, 1913, nature of transaction had to be taken into consideration to determine whether the sale was complete or not---For the purpose of sale, the intention of parties was looked into and such intention was to be gathered from the statement of the parties and their acts at the time of transaction and thereafter---Registration of sale-deed had not been made a prerequisite for completion of sale for the purposes of right of pre-emption. (b) Punjab Pre-emption Act (I of 1913)--- ----S. 4---Civil Procedure Code (V of 1908), O.XX, R.14---"Right of pre-emption"---Nature---Pre-emption is a right of substitution in place of vendee. (c) Punjab Pre-emption Act (I of 1913)--- ----Ss. 3(5), 4 & 15---Pre-emption suit---Transfer of land through a decree for specific performance---Such transaction being sale was pre-emptible---Both the Courts below found such transaction as sale and held the pre-emptor to be having superior rights of pre-emption ---Suit was decreed and the appeal was dismissed by the Lower Appellate Court---Validity---Sale in such case was complete---No intervention was needed in the concurrent findings arrived at by the Courts below. Hakim Enayat Ullah v. Khali l Ullah Khan and another AIR 1938 All. 432; Muhammad Ishaq v. Muhammad Siddique PLD 1975 Lah. 909; Abdul Majid v. Nizam Din and another PLD 1959 Lah. 273; Nur Ahmad and others v. B. Muhammad Ibrahim and another PLD 1953 Lah. 470; Muhammad Wazir v. Ch. Jahangin. Mal and others PLD 1949 Lah. 1; Muhammad Nawaz v. Fida Hussain and another ~ 1994 CLC 1487; Syed Manzoor Hussain Shah v. Khurshid Ahmad and 4 others 1989 CLC 1372; The P&T Cooperative Housing Society Ltd., Karachi v. Ch. Manzoor Ahmed Sahi PLD 1961 (W.P) Kar. 53; Nasir and others v. Muhammad Ali and others PLD 1961 (W.P.) Rev. 41; Abdul Qadir and others v. Ghulam Qadir 1996 CLC 1216; Abdul Karim v. Fazal Muhammad Shah PLD 1967 SC 411; Muhammad Bakhsh v. Zia Ullah and others 1983 SCMR 988; Gullan v. Muhammad Ramzan and others PLD 1962 (W.P.) BJ 33; Malik Tahir…

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