Law:

Section:

Punjab Pre-emption Act (IX of 1991)--- ----Ss. 6 & 7---Suit for pre-emption---Plaintiffs asserted their superior right of pre-emption on the ground of being Shafi Sharik, Shafi Khalit and Shafi Jar---Trial Court decreed the suit on the ground that the petitioners were co-sharers in the suit Khata---Appellate Court set aside the and decree of the Trial Court---Validity---Defendants had purchased the suit-land on 29-3-1989 vide mutation while plaintiffs had also purchased land in the same Khewat vide mutation---Mutation of sale in favour of defendants, therefore, preceded the mutation of sale in favour of plaintiffs showing that at the time of transfer in favour of defendants, plaintiffs were not owners in the suit Khewat---Held, in circumstances for a pre-emptor to succeed, he must have preferential right at the time of sale, at the time of institution of suit and at the time of decree of Trial Court---Petition was dismissed. Muhammad Malik v. Haji Muhammad Bashir and others 1994 CLC 2020 fol. ORDER CH. MUHAMMAD TARIQ, J.--- Brief facts of the case are that on 2-1-1990, the petitioners/plaintiffs filed a suit for pre-emption in respect of land measuring 11 Kanals, 17 Marlas situated in the Revenue Estate Khara Thesil Noshara Virkan, District Gujranwala. The vendee purchased the suit-land against the consideration of Rs.75000 vide Mutation No.389 dated 29-3-1989 and at the time of sale, the vendee/defendants were also delivered the possession of the suit-land. The defendants/respondents were asked to acknowledge their superior rights on the grounds of Shafi Sharik, Shafi Khalit and Shafi Jar, but they refused to do so. 2. The defendants were summoned who resisted the suit by filing their written statement whereby they raised a number of preliminary objections. Out of divergent pleadings of the parties, following issues were framed. ISSUES. (1) Whether the plaintiffs have got superior right of pre-emption against the vendees/defendants? OPP (2) Whether the suit is within time? OPP (3) Whether the plaintiffs have made mandatory "Talabs" in accordance with Islamic Law of pre-emption before filing of this suit? OPP (4) Whether plaintiffs are estopped by their own…

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