Law: Punjab Pre-emption Act, 1913

Section: 5

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.7

Punjab Pre-emption Act (IX of 1991)---S. 5---Civil Procedure Code (V of 1908), O.VI, R.7---Pre-emption suit---Application under O.VI, R.7, C.P.C. for amending the plaint so as to include the assertion of being owners in Patti and Khata, was required to be decided in accordance with law i.e. Muhammad Anwar and 3 others v. Allah Bakhsh and another 1986 SCMR 1575---Impugned of High Court was set aside, the revision petition would be deemed pending before the High Court enabling it to decide the application after affording due opportunity to contest the same by filing reply thereto, so that the other side may take such pleas as warranted i.e. the conduct of appellants---Supreme Court observed that matter being fairly old one, it was expected that same will be heard and decided by High Court, at some early date. Muhammad Anwar and 3 others v. Allah Bakhsh and another 1986 SCMR 1575 fol. Mst. Ghulam Bibi and others v. Sarsa Khan .and others PLD 1985 SC 345 ref. JUDGMENT SAYED ZAHID HUSSAIN, J.--- This is appeal under Article 185(2)(d)(e) of the Constitution of Islamic Republic of Pakistan 1973, against the judgment of the Lahore High Court, Lahore dated 5-10-2001 whereby Civil Revision No.1158-D of 1992 and Civil Revision No.1159-D of 1992 were allowed in the manner that "The impugned decree is set aside and a fresh decree is directed to be passed in favour of the "rival pre-emptors" to the extent of 77 Kanals. 11 Marlas on payment of proportionate price of Rs.1,62,000. The amount shall be deposited on or before 12-11-2001 failing which their suit shall stand dismissed. Decree will also provide that "1st Pre-emptors" shall get the remaining land of 4 Kanals, 18 Marlas on deposit of proportionate amount of Rs.1,62,000 up to 12-11-2001. Both the pre-emptors will be allowed to deduct the Zar-e-Panjum plus any other deposit made already. If the "1st Pre-emptors" have deposited the amount under the decree, they need not make a fresh deposit." As is evident from the relief granted by the learned High Court, the petitions arose out of a pre-emption matter. 2. One Said Ali had sold the suit-land 82-K, 9-M in favour of Muhammad Ashraf respondent No.8 (deceased) for a…

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