Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)------S.15---Leave to appeal was granted to consider, whether re-sale by a vendee to the original vendor defeats the right of a plaintiff in a suit for pre-emption. (b) Punjab Pre-emption Act (I of 1913)--- ---S.15---Rc-sale by vendee in favour of vendor---Effect on right of pre­--- lion---Right of pre-emption cannot be defeated by means of re-sale of p property in favour of a vendor, unless the vendor shows that in spite of his having sold the land, he had retained some right in it akin to that of a person having equal or superior right to that of pre-emptor. Imam, v. Allah Diva & Co. (1918) 24 F R 9~, Pal Singh and another v. Jamun and others (1019) 11 P R 24; Mool Chand and others v. Ganga Jai and others A I R 1930 Lah. 356, Hayat Bakhsh v. Mansabdar Khan and others A I R 1935 Lah. 529; Pandit Harbhagwan Das v. Sardar Partap Singh A I R 1938 Lah. 2.12; Mst- Fatch Bibi v. Ahmad Khan and 6 others P L D 1971 Lah. 171; Lachho v. Mahesho 134 P W R 19W; Kahna v. Dcwa Singh and Kirpa Ram 62 P R 1879 and Shiv Charn Singh v. The Secretary of State for India and another 80 P R 1888 ref. Sherbaz v. Mst.Gulzar Begum and 9 others P L D 1988 S C (AJ&0)173 and Liakat Husain v. Rashid-ud-Din and others 1 L R 19'_9 All. 125 rel. JUDGMENT AJMAL MIAN, J.---Leave to appeal was granted in the petition for leave to consider the question, whether re-sale by a vendee to the original vendor defeats the right of a plaintiff in a suit for pre-emption. 2. The brief facts to the filing of the above appeal are that the suit land, measuring 24 kanals situate in Chak No.118/J.B. tehsil and district Faisalabad, was sold by appellant No.1 in favour of late Hussain Ali, who was predecessor-in-­interest of appellants Nos.2 to 11 through mutation No.349 sanctioned on 16-6-1973. However, subsequently appellants Nos.8 to 11 re-conveyed the land to appellant No.1 under mutation No.356 dated 4-6-1974. Appellants Nos.2 to 7 re­transferred their share of the suit land to appellant No.] through mutation No.358 sanctioned on 1-8-1974. The respondent claiming to be a collateral of Rehmat, appellant No.], filed a suit against Hussain Ali and appellants Nos.8…

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