Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)---.--- ---.---.S. 8(2)---.---Constitution of Pakistan (1973), Art.185(3)---.---Oustees from Islamabad area on account of construction of the capital---.---Notification excluding areas purchased by the oustees---.---Bar to exercise right of pre¬emption---.---Contention of the vendees was that as soon as the Notification was issued a vested right was created in their favour which could not be taken away merely by the fact that the suit for pre-emption was dated: a date after two years of issuance of the Notification---.---Leave to appeal was granted by Supreme Court to consider the contention raised by the vendees. Muhammad Zulfiqar v. Ghulam Khan 1991 SCMR 292 and Fazal Elahi v. Dewan Ali 1984 SCMR 1404 ref. (b) Punjab Preemption Act (I of 1913)---.--- ---.----S. 8(2)---.---Oustees from Islamabad area on account of construction of the capital---.---Notification creating bar to exercise right of pre-emption--¬Applicability---.---After issuance of the Notification, the right of pre-emption against the sales made in favour of the persons who were certified oustees of Islamabad stood extinguished and after the loss of pre-emptive right of the pre-emptor, the pending pre-emption suit could not proceed any further as right to sue ceased to exist any more---.---Where decree had not been passed, the suit was liable to dismissal for having become infructuous. Muhammad Zulfiqar v. Ghulam Khan 1991 SCMR 292; Fazal Elahi v. Dewan Ali 1984 SCMR 1404; Bibi Jan v. R.A. Monny PLD 1961 SC 69 and Shakar Khan v. Muhammad .Lal PLD 1978 SC (AJ&K) 126 ref. (c) Punjab Pre-emption Act (I of 1913)---.--- ---.----Ss. 4, 8(2) & 21---.---Right of pre-emption, exercise of---.---Oustees from Islamabad area on account of construction of .the capital---.---Notification creating bar to exercise right of pre-emption---.---Vendees were oustees from Islamabad and certificate in that respect was duly. issued by the Authorities--¬During pendency of pre-emption suit against the vendees, the Notification was issued by the Government---.---Suit was decreed by the Trial Court, whereas the Appellate Court allowed the appeal and dismissed the suit on the…

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