Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-----S.15---Land Reforms Regulation, 1972 (M.L.R.115), para. 25---Pre-emption suit---Vendors' sons claimed right of pre-emption ---Vendees in defence set up pleas of estoppel and the right of tenancy over the land in question ---Pre­emptors' suit was decreed on proof of their being vendor's sons---Decree of pre­emption was upheld upto the High Court---Evidence produced by vendees on question of estoppel was not- only inconsistent as to the presence of pre-emptors at the time of the sale but also contradictory as to the payment of sale consideration---No evidence was produced as to the participation of pre-emptors at the time of sale in that none of them had signed the document of agreement to sell or the sale-deed relinquishing their right of pre-emption in favour of vendees---As to the pre-emption being hit by M.L.R. 115, s of Courts below showed that the plea was not at all pressed seriously---Though in written statement, such plea was taken but no evidence was brought on record to establish their tenancy over the land ---Pre-emptors status as the sons of vendor was not only admitted by the vendees in written statement but also at the trial all the witnesses produced by vendees had admitted the pre-emptors as the sons of vendor---Appeal against decree was dismissed as without merit. JUDGMENT ALI HUSSAIN QAZILBASH, J.---This is an appeal from the judgment of a learned Single Judge of the Lahore High Court, dated 22-1-1989. 2. Muhammad Ibrahim and five others purchased land measuring 94 Kanals situate in Basti Dad, Tehsil Shujabad, District Multan, as per registered sale-deed dated 30-12-1978 for a consideration of Rs.80,000. Khaaraiti and Fateh Muhammad, the sons of Haji Allah Diya vendor, filed a suit claiming superior right of pre-emotion on account of their relationship with the vendor. The suit was originally filed against Muhammad Ibrahim and four others who filed an application on 18-5-1980 for the dismissal of the suit as the respondents had failed to implead Muhammad Yaqoob, one of the vendees. The respondents promptly made an application under Order I, rule 10, C.P.C. for impleading Muhammad Yaqub as a party to…

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