Law:

Section:

Punjab Pre-emption Act (I of 1913)-------S.13---Pre-emption suit---Decree having been passed by the Trial Court on 29-9-1987 after the target date i.e. 31-7-1986 [as laid down in Said Kamal's case PLD 1986 SC 360 and Sardar Ali's case PLD 1988 SC 287] the same was void and without jurisdiction and was liable to be set aside by the High Court in revision. Said Kamal's case PLD 1986 SC 360 and Sardar Ali's case PLD 1988 SC 287a PLD 1987 Lah. 358 and C. R. No. 821-D of 1988 applied. Said Kamal's case PLD 1986 SC 360; 1989 CLC 310; PLD 1989 SC 541; 1988 SCMR 82; Mukhtiar Hussain and others v. Elahi Bakhsh and others 1989 CLC 747 and Malik Muhammad alias Malkoo and others v. Jan Muhammad 1989 CLC 776 ref. JUDGMENT The petitioners are vendees of a piece of land measuring 15 Kanals. 16 Marlas from, one Talib Hussain which they purchased vide sale deed dated 22-3-1980 for the business of Poultry Farm. Abdul Ghafoor the predecessor-in-interest of the respondents filed the suit to pre-empt the said sale on 22-3-1981, which suit was contested by the petitioners. After the framing of the necessary issues the parties produced evidence in support of their respective pleas. On consideration of the evidence the learned trial Court dismissed the suit on 20-4-1986 who found the suit to be barred by time. An appeal was filed there against by the plaintiff/pre-emptor which was accepted by the learned District Judge, Vehari remanding the matter to the trial Court for deciding the same afresh according to law. It was thereafter that the trial Court decreed the suit vide judgment dated 29-9-1987 who took the view that despite the judgment in the Said Kamal's case PLD 1986 SC 360 the suit was to be decided according to the previous law in view of PLD 1987 Lah. 358. The petitioners filed an appeal there against by which time Abdul Ghafoor had died and his legal heirs had been brought on record of the trial Court. In the memorandum of the appeal however, name of one of his legal representative Mst. Naseem Akhtar had been -omitted as a result whereof an application was filed by the petitioners for correction of the memorandum of the appeal and inclusion of her name therein. The said…

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