Law:

Section:

Punjab Pre-emption Act (IX of 1991)-------Ss. 6(2), 35(2) & 2(a)---Civil Procedure Code (V of 1908), O.VII, R.11---Pre-emption suit in respect of property situated within urban area of Town Committee---Maintainability---Rejection of plaint---Provisions of Ss.6(2), 35(2) & 2(a) of the Punjab Pre-emption Act, 1991 having been declared to be against the Injunctions of Islam by the Shariat Appellate Bench of the Supreme Court PLD 1994 SC 1, with effect from 31-12-1993, Courts below had adopted the right course for rejection of plaint under O.VLI, R.11, C.P.C. as the affect of the was prospective---Right of pre-emption in respect of the property situated within urban area of Town Committee which could be exercised with effect from 31-12-1993 as per Supreme Court decision, the plaintiff could not exercise that right with respect to the land in question at initial stage on 4-11-1993 as on that date which was the date of sale of property in dispute, right of pre-emption was not available to the plaintiff in respect of suit property situated within Town Committee---Plaint of the plaintiff, in circumstances, was rightly rejected. Muhammad Ismail Qureshi and others v. Government of Punjab, and others PLD 1991 FSC 80; Haji Rana Muhammad Shabbir Ahmad Khan v. Government of Punjab Province PLD 1994 SC 1; 1993 CLC 1679; Mst. Bashiran Bibi v. Muhammad Kashif Khan PLD 1995 Lah. 200; Government of N.-W.F.P. through Secretary, Law Department v. Malik Said Kamal Shah PLD 1986 SC 360, Mst. Safia Begum v. Ibrahim and 4 others PLD 1989 SC 314; Fazal Elahi and 2 others v. District Judge, Attock and 3 others 1993 CLC 85 and Qazi Muhammad Shahab-­ud-Din v. Muhammad Qasim 1996 CLC 480 ref. M.A. Zafar for Petitioner. Khalid Ikram Khatana for Respondent. Date of hearing: 21st January, 2004. JUDGMENT The brief facts in the instant civil revision are that the petitioners filed a suit for possession through pre-emption on 14-11-1992 in respect of house situated within the Municipal limits of Mandi Baha-ud-Din. The suit was contested by filing a written statement by the respondent. Whereupon, ten issues were -formulated from the pleadings of the parties. During the pendency of the suit…

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