Law: Punjab Pre-emption Act, 1913

Section: 13,34(2),21

Punjab Pre-emption Act (IX of 1991)---Ss. 13 & 34(2)---Punjab Pre-emption Act (I of 1913), S.21---Pre­emption laws--- Applicability--- Judgment and decree passed on 31-7-1986---Effect---Suit filed by pre-emptor was decreed in her favour on 31-7-1986 but Lower Appellate Court set aside the decree on the ground that was passed after cut-off date fixed by Supreme Court---Judgment and decree passed by Lower Appellate Court was maintained by High Court---Validity---In s passed by Supreme Court, words "till" and "ﺑﻌﺪ" were of vital importance which connoted that date of 31-7-1986 was inclusive in saving process---Judgment and decree passed in favour of pre-emptor on 31-7-1986 was preserved from effect of repeal and was directed to be governed by provisions of Punjab Pre-emption Act, 1913---From 1-8-1986, any and decree passed under old law i.e. Punjab Pre-emption Act, 1913, could not be considered to have been saved due to provision of S.34(2) of Punjab Pre-emption Act, 1991---Supreme Court set aside s and decrees passed by High Court and Lower Appellate Court and remanded the case to Lower Appellate Court for decision afresh on the appeal in accordance with provisions of Punjab Pre-emption Act, 1913---Appeal was allowed. Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360 and PLD 1990 SC 865 rel. JUDGMENT SHEIKH HAKIM ALI, J.---This Civil Appeal calls in question, the judgment dated 30-5-2001, rendered by a learned Single Judge in Chamber of the Lahore High Court, Lahore, in Civil Revision No.222-D of 1991 Mst. Bivi v. Ghulam Murtaza and others by which civil revision was dismissed. 2. The case has got chequered history of long drawn litigation between Mst. Bivi v. Ghulam Murtaza and others, with regard to a suit for possession on the basis of superior right of pre-emption, filed by Mst. Bivi, in the Court of learned Civil Judge, Bhalwal, District Sargodha on 30-6-1983 claiming herself to be collateral and legal heir of vendor in respect of the land, measuring 67 Kanals 10, Marlas, situated in Mouza, Lilliani, ,Tehsil Bhalwal, District Sargodha sold out through mutation No.6053 attested on 6-11-1973, for a consideration of Rs.35,000 against…

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