Law: Punjab Pre-emption Act (I of 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 as to whether the pre-emption matter could be finally adjudicated separately before final adjudication of the controversy about, the ownership of a contiguous house on the basis of which both sides had claimed superior right of pre-emption.(b) Constitution of Pakistan (1973)----- Art. 185 --- Punjab Pre-emption Act (I of 1913), S. 15 --- Appeal to supreme Court --- Pre-emption suit --- Both parties in a pre-emption suit claimed the ownership of contiguous house and on that basis also asserted superior right of pre-emption --- Appellant had also initiated eviction proceedings against the respondent regarding the said contiguous house without any success, he then filed another suit about the title of that contiguous house which was dismissed and his appeal against the said dismissal filed before the District Judge was also dismissed on account of the earlier decree passed against him in the present pre� emption suit --- Appellant then filed a revision in the said other case before the High Court, which was still pending --- Supreme Court, by invoking the concept of complete justice in order to avoid all the technicalities, while accepting the appeal, set aside the impugned of High Court and remanded the case to the High Court for fresh decision of the second appeal which was to be deemed pending --- Civil revision and the other appeal was ordered to be heard together --- Appellant was also given the liberty to raise all available pleas and the High Court was to decide the question of title of the contiguous house on the evidence available on record, unless it decided to admit additional evidence.JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---This appeal through leave of the Court has arisen out of the following circumstances: The respondent's pre-emption suit in respect of the suit house w, dismissed by the trial Court but on appeal it was decreed by the District Judge. In the second appeal the High Court affirmed the first appellate judgment. The respondent has based his superior right of pre-emption or the…