Law:

Section:

Punjab Pre-emption Act (I of 1913)----Ss. 4 & 21---Constitution of Pakistan (1973), Art 185(3)---Superior right of pre-emption, exercise of---Sale price of suit-land, non determination of---Rival. pre-emptors, family members of vendor---Plea of collusion ---Pre-emptors assailed the sale of suit-land and to counter the suit, the wife and children of vendor filed another suit pre-empting the sale of the suit-land---Trial Court decided the matter in favour of the wife and children of the vendor but the and decree was set aside by the Appellate Court and the suit of pre-emptors was decreed-- high Court in second appeal restored the , and decree passed the Trial Court---Contention of the pre-emptors was that the rival pre emptors were members of the family of the vendor who were living him in the same house with no clash of interest and they in collusion the vendees and for their benefit filed the suit to defeat the superior right of pre emption of the pre emptors Pre emptors further contended that the Trial Court passed conflicting decrees by fixing sale price of Rs.13,510 in the suit of the rival pre-emptors and Rs.32,000 in the suit of-the pre-emptors---Other contentions of the pre-emptors was that High Court without attending the pivotal issue relating to collusive nature of suits and non-determination of the market value of the laud by Thai Court, reversed the findings of the Appellate Court through misreading and non-reading of evidence---Leave to appeal was granted by Supreme Court to consider the contentions raised by the pre-emptors. JUDGMENT MUHAMMAD NAWAZ ABBASI J.---This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 arises out of proceedings in the pre-emption suits. 2. The land measuring 133 Kanals 11 Marlas was purchased by respondents Nos. 1 and 2 namely Khizar Hayat and Muzaffar Khan from one Mehdi Khan vide registered sale-deed, dated 5-5-1977 for a consideration of Rs.1,17,000 as mentioned in the sale-deed. The petitioners claiming themselves to be the collateral of Mehdi Khan, cosharer in Khatta and owner in village, filed a suit for pre-emption. Pending disposal of the suit of the petitioners,…

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