Law:

Section:

(a) Punjab Pre emption Act (I of 1913) S. 3(5) Term 'sale' Scope Sale through decree for specific performance of agreement to sell Validity Such sale was not excluded from the definition of sale under S.3(5) of Punjab Pre emption Act, 1913. (b) Punjab Pre emption Act (I of 1913) S. 3(5) Term 'sale' Scope Unregistered sale Validity No indication in the definition of "sale" under S. 3(5) of Punjab Pre emption Act, 1913, that if a law permits sale without registration, it is not to be treated as sale for purpose of pre emption. (c) Punjab Pre emption Act (I of 1913) Ss.3(5) & 30(1) Oral sale Exercise of right of pre emption Validity Completed sale is contemplated by the provisions of Punjab Pre emption Act, 1913, even before its attestation by a Revenue Officer Oral sale which fulfills all the ingredients of a sale is pre emptible under Punjab Pre emption Act, 1913. Abdul Karim v. Fazal Muhammad Shah PLD 1967 SC 411 ref. (d) Specific Relief Act (I of 1877) S.12 Specific performance of agreement to sell Retrospective effect of decree passed in such suit Validity Agreement to sell is merely executory in nature which forms the basis of a suit for specific performance Decree for specific performance takes effect from the date when it is passed and cannot act retroactively from the date of agreement to sell. (e) Appeal (civil) Appeal being a continuation of the suit, the final adjudication of the lis comes through the decree of Appellate Court. (f) Punjab Pre emption Act (I of 1913) Ss.21 & 30 Suit for pre emption Limitation Sale through decree of specific performance of agreement to sell Pre emption suit was filed on 9 7 1979, after appeal in suit for specific performance of agreement to sell was dismissed on 20 6 1979 Suit was decreed in favour of the pre emptor and appeal was dismissed by the Appellate Court Contention of the vendee was that the suit filed by the pre emptor was barred by time Validity Appeal against and decree passed in the suit for specific performance of agreement to sell was dismissed on 20 6 1979 whereby the decree became final and the suit filed on 9 7 1979 was rightly held to be within time Vendee failed to point out any misreading of…

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