Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)------S.4---Right of pre-emption ---Statutory right of a pre-emptor even if he has a close relationship with the vendor cannot be denied to him---Issue of collusion between the vendor and the plaintiff, cannot be decided without seriously considering the relationship between the two if, of course, they are so closely related like real brothers---Every case, however, has to be considered in viem of its circumstances. (b) Punjab Pre-emption Act (I of 1913)-- ----Ss.4 & 21---Pre-emptor has a statutory right to file a suit for pre-emption but the Court has also the power to decide as to whether the pre-emptor has done so in collusion with another party in entire transaction namely vendors who in the present case were closely related to him and suit was motivated with a deliberate and dishonest attempt on the part of pre-emptor to obstruct execution of the decree. (c) Punjab Pre-emption Act (I of 1913)-- ----Ss.4 & 21---Right of pre-emption ---Minor as a plaintiff litigant if duly safeguarded in the procedural technicality, cannot have more than his right simply because he is minor. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.--- This direct appeal arises out of the acceptance by the High Court of the First Appeal filed by the respondents/vendees' side in a case of pre-emption. The decree passed in favour of the appellants/pre-emptors was set aside, and, suit which was earlier decreed by the trial Court now stands dismissed. The facts as noted in the impugned judgment are as under: The land measuring 182. acres situate in village Rajanpur, Tehsil Lodhran, District Multan was owned by two brothers namely Farhat Hussain and Shaukat Hussain sons of Mahboob Hussain. Farhat Hussain for himself and as attorney of Shaukat Hussain executed an agreement of sale on 19-9-1978 in favour of the respondents to sell this entire land for a consideration of Rs.22,34,000. Subsequently, however, Farhat Hussain executed sale-deed (Exh. P-12) on 15-3-1979 in favour of the respondents qua his share of land measuring 855 Kanals 5 Marlas and received an amount of Rs.12,90,000 as consideration thereof from the respondents as evidenced by said sale-deed…

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