Law: Punjab Pre-emption Act, 1913

Section: 3

Punjab Pre-emption Act (I of 1913)---S. 3(5)---Transfer of Property Act (IV of 1882), S.54---"Sale" as defined in S.3(5), Punjab Pre-emption Act, 1913 has a wider scope than the sales in terms of S.54, Transfer of Property Act, 1882---When the transaction was based on a mutation entry or on oral commitment between two parties the pre-emptor claiming the superior right comparing to a pre-emptor whose suit was already pending was obliged to show that there was a genuine transaction between the parties---If, however, the pre-emptor claiming superior right had filed a suit with collusion of the vendee and managed to get a sham decree in his favour, for such defective transaction the pre-emptor whose suit was pending or for that matter her legal heirs, could not be deprived from their legitimate entitlement to claim possession of the suit land through pre-emption. PLD 1990 Lah. 229; PLD 1984 SC 424; PLD 1962 BJ 33; Abdul Karim v. Fazal Muhammad Shah PLD 1967 SC 411; Muhammad Bakhsh v. Ziaullah and others 1983 SCMR 988; Janghi v. Jhanda PLD 1961 (W.P.) BJ 34; Fateh Sher v. Mst. Niaz Bibi and 4 others PLD 1999 Lah. .43; Muhammad Akram Khan v. Mst. Kaniz Bibi and others PLD 1952 Lah. 489; Musali Khan v. Nazir Ahmad and others PLD 1952 Pesh. 1; Abdul Aziz and others v. Abdullah and others AIR 1925 Lah. 413; Mst. Fateh tibi v. Ahmad Khan and 6 others PLD 1971 Lah. 171; Sunder Singh and others v. Sajjan Singh and others 10 IC 367; Muhammad Bakhsh v. Qutabuddin and others 1981 CLC 1756 and Abdul Wajid v. Muhammad Ramzan and others 1999 SCMR 279 ref. Abdul Wajid v. Muhammad Ramzan and others 1999 SCMR 279 distinguished. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J.---This appeal is by the leave of the Court against judgment, dated 1st October, 1998 passed by Lahore High Court, Rawalpindi Bench. 2. Precisely stating facts of the case are that one Sher Zaman on 18-9-1978 purchased 149 Kanals, 18 Marlas of land out of Khasra No.3798, Khata and Khatuni No.29/54, and Khasra No.3807, Khata and Khatuni No.5786/1062 situated in Village Kal, Kahar, Tehsil and District Chakwal from one Muhammad Akber. The predecessor-in-interest of appellants namely Karam Khatoon wife of Haji Muhammad…

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