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Civil Petition for Special Leave to Appeal No. 105 of 1968, decided on 28th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th February 1968, in Civil Revision No. 107 of 1968).
--Suit for pre‑emption‑Mere fact that a third person has challenged ownership of property of pre‑emptor---- No ground for non‑suiting plaintiff-----Punjab Pre‑emption Act (I of 1913), S. 28‑A.
M. Pervaiz Akhtar, Advocate Supreme Court instructed by M. B. Khizar Tamimi, Senior Attorney Supreme Court for Petitioners.
Nemo for Respondent.
Date of hearing : 28th June 1968.
‑This petition by the defendant‑vendees in a suit for possession through pre‑emption is directed against an order of a learned Single Judge of the High Court of West Pakistan, Lahore, dismissing in limine an application under section 115 of the Code of Civil Procedure.
The petitioners filed an application under section 28‑A of the Punjab Pre‑emption Act read with section 151, C. P. C. for the stay of the pre‑emption suit on the ground that against the plaintiff a third party had brought another civil suit challenging his title to the property in question. The application was rejected by the Civil Judge, Leiah and the High Court has refused to interfere with the order.
This petition is directed against an interlocutory order. The learned Single Judge has rightly pointed out that in the absence of anything to show that the plaintiff has lost his right of owner‑ship in the land in question his right to continue the suit cannot be questioned.
The petition is dismissed.
Leave refused.
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