Law:

Section:

Punjab Pre emption Act (I of 1913) S.15(b) Superior right of pre emption Priority of the right between the claimants must be determined according to the order of succession ¬Whole line of heirs of the vendor and not merely the nearest heir at the time of sale, had the right of pre emption in respect of agricultural land Principles. The words "in order of succession in section 15 of the Pre emption Act" would mean that under Islamic law if there is a contest between "sharers" or in a given case some "sharers" or some "residuaries", who, for example, succeed simultaneously and no one excludes the other and each succeeds up to the extent of his share, then as the order of the succession is the same and none succeeds prior and in preference to the other, the suit will fail if the pre emptor and the vendee are heirs of the above categories. The right contemplated by section 15(b) of the Act was to vest in persons concerned "in order of succession" which simply means the order in which persons inter' se would be entitled to inherit. Consequently, there is no scope for introducing the concept, if it can be so termed, "propinquity of relationship". The order of succession is to be determined with reference to the Personal Law of the parties and when that has been done the person entitled to succeed in order of succession is the person first entitled to pre empt. If the nearest in order of succession does not seek to pre empt, then, the person next in succession may do so until all the heirs in succession are exhausted. The whole line of heirs of the vendor and not merely the nearest heir at the time of sale, had the right of pre emption in respect of agricultural land. The priority of the right between the claimants must be determined according to the order of succession. The vendees, in the present case, being nearer to the vendor in order of succession, possessed a superior right of pre emption vis a vis the pre emptor in respect of the sale of the suit land. Section 15(b) of the Punjab Pre emption Act, 1913, lays down that the right of pre emption in respect of agricultural land shall vest in the person, in order of succession, who but for such sale would be…

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