Law: Punjab Pre-emption Act, 1991

Section: 13,15

Law: Punjab Pre-emption Act, 1991

Section: 13,15

Law: Transfer of Property Act, 1882

Section: 54

Punjab Pre-emption Act (IX of 1991)-------S. 15---Qanun-e-Shahadat (10 of 1984), Art.114---Pre-emption suit---Estoppel and waiver---Agreement of sale relating to suit-land contained signatures of pre-emptor and showed receipt of Rs.2,000 by him as commission for giving undertaking not to file suit for pre-emption pre-emptor admitted his signatures on such agreement---Validity---pre­emptor's knowledge about suit sale was clearly established by accepting his signatures on sale agreement---pre-emptor was instrumental in suit sale and had acted as Agent and received consideration of Rs.2,000 for his services---Such conduct of pre-emptor would tantamount to estoppel and waiver under Art.114 of Qanun-e-Shahadat, 1984, thus, he could not retract from his position now---Suit was dismissed in circumstances. Ch. Abdul Majeed v. Ch. Inayat Ali and 4 others PLD 2001 Lah. 194 and Ghulam Jilani and 3 others v. Ghulam Muhammad and 7 others 1991 SCMR 2001 ref. Syed Muhammad Hussain Shah Qadri for Petitioner. Malik Javed Akhtar Wains for Respondents. Date of hearing: 28th June, 2006. JUDGMENT SYED ASGHAR HAIDER, J.--- The petitioner/plaintiff filed a suit for pre-emption against sale of land measuring 12 Kanals located in Chak No.3/H, Tehsil and District Multan owned by Said Khan who sold it to respondents vide Mutation No.234 dated 29-1-1991 for a sale price Rs.1,00,000 agitating superior right of pre-emption, being co-sharer, by making Talbs under section 13 of the Punjab Pre-emption Act, 1991, the suit was decreed on 23-12-2002 by Senior Civil Judge, Multan. 2. Aggrieved thereof, the respondents/defendants filed an appeal in the Court of District Judge, Multan which was allowed on 22-5-1996, hence the present petition by the petitioner/plaintiff. 3. The learned counsel for the petitioner contended that the findings on Issues Nos.1, 3 and 5 were illegally reversed by the lower Appellate Court relying on Exh.D.1 (Iqrarnama dated 7-4-1987). According to the learned counsel, the sale was completed on 21-9-1991 and the purported document relates to 7-8-1987, therefore, its effect cannot non-suit the…

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