Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-------S. 4---Right of pre-emption ---Claim of children and wife of vendor as against the other pre-emptors who were collateral of the vendors---Validity---Mere fact that the pre-emptors were children and wife of the vendor would not lead to any adverse inference against them, particularly when the other pre-emptors were claiming to be collateral of the vendor. Naseer Ahmad v. Arshad Ahmad PLD 1984 SC 403 distinguished. Altaf Hussain v. Abdul Majeed 1991 SCMR 2523 and Saulat Hussain Shah through his Legal Heirs and another v. Amanat Ali and 4 others PLD 1992 SC 228 ref. (b) Punjab Pre-emption Act (I of 1913)--- ----S. 21---Pre-emption suit---Filing of two suits against one transaction--­ Subsequent filing of suit by the children and wife of the vendor ---Effect--­ Filing of such suit did not give rise any adverse inference when both the suits were filed within time prescribed by law. (c) Punjab Pre-emption Act (I of 1913)--- ----S. 21---Pre-emption suit---Rival pre-emptor ---Collusion with vendees--One suit was filed by the respondent on the basis of being collateral of the vendor whereas other suit was filed by the children and wife of the vendor--­Trial Court decreed both the suits wherein first chance to deposit the purchase price was given to the appellants and in case of their failure to deposit, respondent had a right to deposit the sale price---Appellate Court reversed the findings of Trial Court and dismissed the suit filed by the appellants for the reason that the suit was collusive---Validity---No evidence was available on record to prove that the suit had been filed in collusion with the vendees---Judgment passed by Appellate Court was based on conjectures while holding the suit to be collusive---Judgment and decree passed by the Appellate Court was set aside and that of the Trial Court was restored by High Court in circumstances. JUDGMENT Respondents Nos.5 and 6 purchased suit-land measuring 133 Kanals, 11 Marlas from one Mehdi Khan vide a registered sale-deed, dated 5-5-1977. As per contents of the said sale-deed, a sum of ks.1,17,000 was paid as sale price. On 30-10-1977 respondents Nos.1 to 4 claiming to be…

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