Law: Punjab Pre-emption Act, 1991

Section: 24

Law: Constitution of Pakistan, 1973

Section: 199 & 203

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Punjab Pre-emption Act (IX of 1991)-------S. 24---Constitution of Pakistan (1973), Arts. 199 & 203---Constitutional petition ---Pre-emption---Zar-e-Soem (Pre-emption money)---Determination of value of land---Procedure---Supervisory jurisdiction of High Court, exercise of---Trial Court on presenting of plaint, directed pre-emptor to deposit Zar-e-Soem according to the value mentioned in sale-deed ---Pre-emptor disputed the consideration amount and on the application of the pre-emptor, the Trial Court reduced the value of sale consideration and directed the pre-emptor to deposit Zar-e-Soem according to the value mentioned by the pre-emptor ---Order amending Zar-e-Soem was assailed before Appellate Court in exercise of revisional jurisdiction---Appellate Court allowed the revision and directed the pre-emptor to deposit Zar-e-Soem as per the value mentioned in sale-deed---Validity---If sale price mentioned in the sale deed or mutation appeared to be inflated, the Trial Court before requiring the deposit of 1/3rd, would determine the probable value of the property, under second proviso to S.24 of Punjab Pre-emption Act, 1991---Such determination could only be done either on the basis of material, which had been placed on the record by the pre-emptor, or if the matter was contested by the vendee, by holding an appropriate inquiry, considering the data placed on the record by both the sides---Appellate Court rightly interfered in the matter to the extent of setting aside of the order of Trial Court but after setting aside the order, the Appellate Court should have sent the matter for determination of the probable value of the land and thereafter for the issuance of the direction to the pre-emptor to pay 1/3rd thereto---Appellate Court also failed to exercise its proper jurisdiction and passed the order by taking the amount of sale consideration mentioned in the deed as to be the probable value of the property---Both the Courts below had failed to apply the provision of second proviso to S.24 of Pre-emption Act, 1991, in its true and proper, context---Orders passed by both the Courts below were not valid and were set aside by High Court in exercise of…