Law:

Section:

(a) Pre-emption--- Right of---Basic principle---Three crucial stages --- Pre-emptor, in order to succeed must successfully establish such right on the day of sale; on the day of filing of suit pre-empting sale and its continued subsistence, till date of decree. (b) Punjab Pre-emption Act (I of 1913)----- ----Ss.15 & 8(2)---Thal Development Authority Act (XV of 1949), Ss. 4, 20-A, 24, 25, 26 & 36---Constitution of Pakistan (1973), Art.185(3)--¬suit for pre-emption ---Sale of land by owner after its acquisition under S.36 of Thal Development Authority Act, 1949---Suit filed to pre-empt such sale was decreed by Trial Court, but same was set aside by Appellate Court---High Court dismissed revision filed by the plaintiff---Validity---Right of pre-emption had accrued to the plaintiff at the time of sale, which right did subsist on the date of filing of suit---Such right was extinguished during pendency of suit, when compensation in part was paid to owner of land in pursuance of acquisition of land under S.36 of the Thal Development Authority Act, 1949---After issuance notification under S.36 of the said Act, and after taking possession Pf land sought to be pre-empted and after payment of compensation, such land would absolutely vest in Thal Development Authority for management purposes, whereas its title in fact would vest in Government of Punjab---Right of pre-emption had ceased to exist vis-a¬-vis such land after payment of its compensation during pendency of suit, thus, suit had rightly been dismissed---No factual or legal infirmity was found in the conclusion reached by High Court or reasons offered therefor---Supreme Court dismissed petition and refused to grant leave to appeal. (c) Constitution of Pakistan (1973)----- ----Art.185---Question neither urged before High Court nor any foundation laid for canvassing same before Supreme Court, could not be permitted to be urged for the first time before Supreme Court. ORDER KHALIL-UR-REHMAN RAMDAY, J.----One Ghulama who was the father of the present petitioners owned 800 Kanals of land in Mauza Nausher Thal Kalan of Tehsil Layyah which land was acquired under section 36 of the Thal Development Act of 1949 vide…

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