Law:

Section:

Punjab Pre-emption Act (I of 1913)-------S. 21-A---Superior right of pre-emption---Improvement in the status had to be of the vendee-defendant himself and not in the status of his heirs who were neither the vendees nor defendants in the original suit---Improvement in the status of a vendee, after the institution of suit, would not defeat the right of pre-emtpor/plaintiff except improvement made through inheritance of succession which also had to be in the status of vendee-defendant and not that of his heirs---Any improvement made in the status of the vendee, particularly after the of Trial Court, was of no consequences---Principles. It is the date of final of the trial Court in the suit of pre-emption on merits, whether in favour of the plaintiff or the defendant, that improvement of status of the vendee through succession, if made before the said date, could defeat the suit and not otherwise. No doubt it is possible for a vendee to improve his status effectively up to the time of the adjudication of the suit against him and get the same dismissed if on account of that improvement, he becomes either equal to or superior in status to that of the pre-emptor. But it is not possible to extend the date by which a vendee can improve his status beyond the date of the adjudication of the suit by the Court of first instance and he cannot, therefore, by improving his position during the pendency of an appeal defeat the pre-emptor when the decision of the first Court in the pre-emption suit against which the appeal was preferred was given on the merits whether rightly in the pre-emptor's favour or erroneously against him. A vendee can defeat the right of the pre-emptor by improving his status at any time before the passing of the decree in the pre-emption suit by the Trial Court, as the rights of parties are adjudicated upon by the Trial Court alone and the function of the Court of appeal is only to see what was the decree which the Court of first instance should have passed. Fazal Hussain v. Karam through L.Rs. 2002 SCMR 648 fol. Zahur Din and another v. Jalal Din and others AIR (31) 1944 Lah. 319; Thakur Madho Singh and another v. Lt. James R.R. Skinner and another AIR…

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