Law:

Section:

Punjab Pre-emption Act (I of 1913)-------Ss. 4 & 21---Constitution of Pakistan (1973), Art.185(3)---Superior right of pre-emption---Determination---Raising of new plea--Suit filed by respondents was decreed in their favour by Trial Court holding them having superior right of pre-emption as compared to petitioners---First Appellate Court allowed the appeal of petitioners and reversed the and decree passed by Trial Court but High Court in second appeal, restored the and decree passed by Trial Court---Plea raised by the petitioners was that the suit filed by respondents was barred by limitation---Petitioners further raised the plea that they had superior right of pre-emption as compared to respondents on the basis of their being tenants on the suit-land---Validity---Petitioners had not raised any question of limitation in their pleadings and for such reason no such issue was framed by Tri l Court in that behalf---Similarly the petitioners failed to agitate the point of limitation before First Appellate Court and. High Court respectively, therefore, for the first time permission could not be granted to petitioners to argue the same before the Supreme Court---On limitation a right had come to vest in favour of the other side---Petitioners were not owners of any property in Deh nor they ' succeeded in proving same on the basis of any document that they had superior right of pre-emption---Supreme Court declined to interfere in the and decree passed by High Court---Leave to appeal was refused. Ehsan-ul-Haq Ch. Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Petitioners. Muhammad Munir Piracha, Advocate Supreme Court and M. S. Khattak, Advocate-on-Record (absent) for Respondents. Date of hearing: 28th January, 2005. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.--- This petition for leave to appeal has been filed against the judgment dated 9th February, 2004 passed by Lahore High Court, Lahore whereby R.S.A. filed by respondents has been allowed. 2. Precisely stating the facts of the case are that Mehdi Khan, etc. sold the land in dispute measuring 43 Kanals and 8 Marlas to the petitioners, vide registered sale-deed dated 22nd…

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