Law:

Section:

Punjab Pre-emption Act (I of 1913)-------S. 15---Pre-emption suit on ground of ownership---Decree after target date---According to of Supreme Court given in Kamal Shah's case reported as PLD 1986 SC 360 and which was interpreted subsequently in number of other cases the suit filed on basis of section 15, Punjab Pre-emption Act, 1913 could not be proceeded after 31-7-1986---Since no decree was passed till the target date of 31-7-1986 suit could not have been decreed in favour of plaintiff in circumstances. Said Kamal's case PLD 1986 SC 360 and Mst. Aziz Begum v. Federation of Pakistan PLD 1990 SC 899 rel. Ahmad's case PLD 1989 SC 771 and PLD 1990 SC 865 ref. Ch. Ehsanullah Khan for Petitioner. Ch. M. Ibrahim Farooq for Respondents. Date of hearing: 20th March, 2006. JUDGMENT MAULVI ANWARUL HAQ, J.--- Vide Mutation No.1657, dated 13-10-1972, the petitioners purchased the suit-land. On 12-10-1973, the respondent filed a suit for possession by pre-emption claiming to be the collateral, co-sharers, owner of the estate as well as the non-occupancy tenant in the suit-land. On 26-1-1976, the suit was sent to the Court of Collector, Muzaffargarh on the ground that the said right conferred by para.25 of MLR 115 was being asserted. On 15-2-1978 it was stated on behalf of the respondent that they give up the plea of tenancy. The case accordingly came back to the civil Court. It was dismissed in default on 28-5-1980, and was restored on 14-5-1981. Now a rival suit had also been filed which was dismissed as withdrawn on 7-11-1982 and finally the trial commenced in the suit filed by the respondent. After recording evidence of the parties learned trial Court decreed the suit on 29-11-1987. First appeal filed by the petitioners was allowed on 1-10-1988. However, civil revision was allowed by this Court on 3-2-1990 with reference to the judgment in the case Ahmad v. Abdul Aziz, PI.D 1989…

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