Law: Punjab Pre-emption Act (I of 1913)

Section: 4

Law: Civil Procedure Code (V of 1908)

Section: O.XXII, R.2

Law: Constitution of Pakistan 1973

Section: 185 (3)

(a) Punjab Pre-emption Act (I of 1913)-------S. 4---Civil Procedure Code (V of 1908), O.XXII, R.2---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal was granted by Supreme Court to consider; whether right of pre-emption was heritable or otherwise; whether High Court failed to follow principles of law and facts enunciated by Supreme Court in judgments passed in cases titled Aziz-ur-Rehman v. Muhammad Nawaz, reported as PLD 1988 Supreme Court 384 and Muhammad Younas v. Khushal, reported as 1989 SCMR 69; and whether High Court was right in holding that after amendment in O.XXII, R.2, C.P.C. suit of pre-emption would not abate on the death of original pre-emptor. Aziz-ur-Rehman v. Muhammad Nawaz PLD 1988 SC 384 and Muhammad Younus'v. Khushal 1989 SCMR 69 ref.(b) Punjab Pre-emption Act (I of 1913)------Ss. 4 & 21---Right of pre-emption, exercise of---Principles--�Improving of status by pre-emptor---During pendency of suit, original pre-emptor died and his legal heirs were impleaded as pre-emptors---One of the sons of deceased pre-emptor with the permission of Court pursued the suit in his personal capacity also---Trial Court decreed the suit in favour of all legal heirs of deceased pre-emptor---Appeals filed by vendee were contested by the son only, and were concurrently dismissed by Lower Appellate Court and High Court---Validity---Pre-emptor who had no right on the date of sale could not improve his right after the sale, by inheritance as cause of action had already come into existence--- Subsequent qualification by inheritance could not vest the pre-emptor with superior status after accrual of cause of action---Pre-emption suit filed by such pre-emptor must fail as he lacked necessary qualification on the date of sale---High Court did not give weight to such pivotal/relevant points in the case---Deceased pre-emptor as well could not establish his subsisting title on the basis of decree palpably continued to have feeble and predatory right of pre-emption enforced---Son of deceased pre�emptor had no right on the date of sale and thereafter to pre-empt the same by inheritance, and he could not improve his qualifications to have such…