| Citation(s) |
|---|
| 2007 SLG 2987 2007 SLD 2987 2007 PLJ 177 |
Lahore High Court
C.R. 302/D of 2003, heard on 26.6.2006.
MAULVI ANWAR-UL-HAQ, J.
Syed Arshad Hussain Jafferi, Advocate for Petitioners. Mr. Muhammad Zafar Khan Sial, Advocate for
Respondent No. 1. Syed Asif Raza Gilani, Advocate for
Respondents Nos. 2 and 3.
C.R. 302/D of 2003, heard on 26.6.2006.
MAULVI ANWAR-UL-HAQ, J.
Syed Arshad Hussain Jafferi, Advocate for Petitioners. Mr. Muhammad Zafar Khan Sial, Advocate for
Respondent No. 1. Syed Asif Raza Gilani, Advocate for
Respondents Nos. 2 and 3.
HAQ NAWAZ and anothers
VS
BASHIR AHMAD and 2 others--Respondents
Law:
Section:
Punjab Pre-emption Act, 1991 (IX of 1991)- ----S. 20--Term pre-emptor and "vendee" has been used in singular--Under the applicable Rules of interpretation contained in Federal and Provincial General Clauses Acts singular includes plural and vice versa--Upon a plain reading of statutory provision where pre-emptor and the vendee (or vendees) fall within the same class of pre-emptor and have equal right of pre-emption--Provision of law does not contemplate two different classes rather only one class to which the pre-emptor as well as the vendee belong--Class is the one having equal right of pre-emptor--Pre-emptor and vendees belong to that very class of pre-emptors who are equipped with a right of pre-emption i.e. they are all co-sharers in the suit land at the time of sale--Thus having become members of said class having equal right of pre-emption, i.e. class of co-sharers, they will share the property equally. [P. 179] A 1999 SCMR 2167; 1993 SCMR 543; 2002 MLD 938 and 1992 MLD 1570, rel. Judgment This judgment shall decide C.R. No. 302/03 and C.R. No. 488/03 as common questions are involved and these proceed against a common judgment. 2. Vide Mutation No. 341 attested on 29.9.1994 the petitioners purchased the suit land measuring 4 kanals for a consideration of Rs. 50,000/-. On 23.1.1995 the Respondent No. 1 and on 24.1.1995 the Respondents Nos. 2 and 3 filed suits for possession of the suit land by pre-emption. They claimed to be co-sharers in the suit land as also Shafi Khalit and Jar. Performance of talbs was pleaded. Both the suits were consolidated. The written statements were filed by the petitioners denying the said allegations. Issues were framed. Proceedings were conducted in the suit filed by Respondent No. 1. Evidence of the parties was recorded. Both the suits were decreed in equal shares in favour of Respondent No. 1 on the one hand and Respondents Nos. 2 and 3 on the other subject to deposit of Rs. 50,000/- vide judgment and decree dated 5.1.2002 of the learned trial Court. The petitioners filed two civil appeals which were heard together by a learned Additional District Judge, Khanewal. The learned Additional District Judge modified decree of the…
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