Law: Punjab Pre-emption Act, 1913

Section: 15

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Punjab Pre-emption Act (I of 1913)-----S. 15---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine whether any portion of the property sold by registered sale-­deed was left out of the suit for pre-emption, so as to reduce or adversely affect the entitlement of the appellants. (b) Punjab Pre-emption Act (I of 1913)-- ---S. 15---Land Reforms Regulation, 1959 [M.L.R.64]---Pre-emption suit--­Controversy related to the period prior to the enforcement of the Martial Law Regulation No.64---If the pre-emption decree was co-extensive with that of the sale-deed then the plaintiffs were entitled to succeed leaving the Martial Law Regulation to take its own course on their rights after its enforcement. (c) Punjab Pre-emption Act (I of 1913)-- ---S. 15---Constitution of Pakistan (1973), Art.185(3)---Pre-emption suit--­Respondent contested suit wherein the pre-emptor claimed a superior right of pre-emption on the ground of being both Ala Malik and Adna Malik in the estate and claimed that the vendee was an utter stranger---Ground which respondent was invoking before the Supreme Court and all the Courts had upheld would imply that pre-emption suit was bad for partial pre-emption as the entire property was not being sought to be pre-empted though price for the entire property was being paid under the decree---Held, a ground which was available to the respondent for defeating the pre-emption claim and was not utilized and invoked could not now be made a ground for defeating the claim of the successful pre­emptor as against him and such ground having not been pleaded at any stage it could not be made the basis of decision. (d) Interpretation of documents-- --- Construction of a foundation or title document and also the legal effect of such document are not questions of fact but are pure question of law. (e) Punjab Pre-emption Act (I of 1913)-- ---S. 15---Pre-emption suit ---Pre-emption claim sought to be enforced was made by reference to the registered sale-deed---Registered sale-deed included both the Aala Malik as well as the Adna Malkiat---Such a reference to the registered sale-­deed had the effect of incorporating the whole of the…

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