Law:

Section:

Keywords: Mutation, Land, Leave, Estate, Superior Right, Properties, Parties, Right To Sue, Pendency Of The Appeal, Binding, High Court, Suit For Possession, Period, Privy Council, Sale Mutation, Procedure, Decree Of The Trial Court, Ownership, Suit For Pre-Emption, Cease, Leave To Appeal, Language, Resemblance, Possession, Consolidation, Relief, Offer, Grounds, Disposed Of, Costs, Pre-Emption, Notification, Consideration, Trial Court, Place, Claims, Acquisition, Plea, Set Aside, Order, Tenancy JUDGMENT FAZAL KARIM, J.- In this Regular Second Appeal the vendee-defendants, Karam Hussain and Charagh Shah, in a suit for possession by pre-emption brought by the plaintiffs, Hasil and Rahim Bakhsh, respondents herein, the principal question is whether a pre-emptor who was possessed of the right of pre-emption at the date of the dismissal of his suit by the trial Court must retain that right till a decree is passed in his favour. 2. Charagh Shah, appellant, died during the pendency of this appeal and his legal representatives have been brought on record. 3. The facts, on which the respective claims of the parties are founded, are admitted. The land in suit was sold by the vendor, Allah Din by means of a sale mutation dated 24.9.1971 to the vendee-defendants, Karam Hussain and Charagh Shah, appellants. The plaintiffs, Hasil and Rahim-Bakhsh, brought this suit on 8.9.1972, claiming that they were entitled to pre-empt the sale as co-sharers in the Khata and as owners in the estate, it was common ground between the parties that the vendee-defendants were in occupation of the land in suit as tenants at the date of sale viz. 24.9.1971. The vendee-defendants contested the suit, among others on the ground that as tenants of the land in suit, they had a superior right of pre-emption. They relied upon paragraph 25 (d) of the Martial Law Regulation No.115 of 1972. The learned trial Judge gave effect to this plea and dismissed the suit by his judgment dated 15.6.1974. The plaintiffs appealed. It appears that consolidation of holdings was in progress and as a result thereof the plaintiffs 'Khata was separated and they ceased to be co-owners in the Khata of the land in suit. Thus,…

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