Law:

Section:

Punjab Preemption Act (IX of 1991)-- Ss.6, 7, 13 & 19Constitution of Pakistan (1973), Art. 185(3)Pre­emption suit Vendee's pleas were nonperformance of Talbs in accordance with law and joining of stranger (second preemptor) in suit by preemptor Trial Court dismissed suit, which was upheld by High CourtValidityTrial Court had dismissed suit after discussing evidence on recordHigh Court had found on basis of evidence that second preemptor had no preferential right qua vendeesNo evidence on record showy making of Talbs by second preemptorStatement of one witness that he made statement for both preemptors was belied by other witnessesNothing in evidence appearing about any notice having been sent by first preemptor to vendeesPreemptors had failed to fulfil requirement of Talbs in accordance with law Preemptor's plea for not having been properly heard was negated by material on record­Supreme Court dismissed petition and refused to grant leave to appeal. JUDGMENT MIAN MUHAMMAD AJMAL, J. The -Petitioners seek leave to appeal against the judgment of the Lahore High Court, Lahore dated 1122002, whereby Regular First Appeal No. 35 of 1995, filed by the -Petitioners was dismissed. 2. The -Respondents purchased land measuring 99 Kanals from Syed Sabir Hussain Shah vide registered saledeed dated 2781992 for sale consideration of Rs.4,00,000. The -Petitioners preempted the above sale through a suit alleging therein that the actual sale pric6 was Rs.2,48,000 whereas Rs.4,00,000 was shown to defeat their right of preemption. The preferential right was claimed on the ground of being owners of contiguous land and sharer in the amenities. Performance of the Talbs was also pleaded. The -Respondents contested the suit and objected that the suit had not been properly valued for the purpose of courtfee and jurisdiction and that Talbs have not been made as required by law. They averred that they paid Rs.4,00,000 which was fixed in good faith. On divergent pleadings of the parties, the trial Court framed, necessary issues, recorded evidence of the parties and after hearing learned counsel for the parties dismissed the suit vide its judgment dated 20121994 holding that the suit has…

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