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MUHAMMAD KHAN versus ZIR MIR KHAN


Section Pre-emption cannot be defeated by the seller of the land in favor of the seller. The right to pre-empt copyright against the original and subsequent vendors, by holding, right

1981CLC 129

[Lahore]

Before Muhammad Ilyas, J

MUHAMMAD KHAN AND ANOTHER‑‑Appellants

Versus

ZIR MIR KHAN AND 2 OTHERS‑‑Respondents

Civil Revision No. 555/D of 1980, decided on 4th May 1980.

Punjab Pre‑emption Act (I of 1913)‑

‑‑ S. 4‑Pre‑emption, right of‑Cannot be defeated by means of resale of land in question in favour of vendor himself‑‑M selling land to B, B selling such land to A, A subsequently selling land to M‑Suit for pre‑emption filed by Z having a right of pre‑emption against original and subsequent vendees, held, rightly decreed.

Raja Probhat Chandar Barua v. Emperor A I R 1925 Lah. 413; Pandit Harbhagwan Das v. Sardar Partap Singh A I R 19 8 Lah. 242; Mst. Fateh Bibi v. Ahmad Khan and 6 others P L D 1971 Lah. 171; Rehmal Ali and 10 others v. Ahmad Yar 1979 C L C 690 and Ghaus Bakhsh and 4 others v. Wali Muhammad and 12 others 1979 C L C 880 distinguished.

Muzafar Khan v. Muhammad Khan etc. 38 P L R 224; Imami v. Allah Diya and others 40 I C 767; Sukha and others v. Arura Mal and another P L R 1908 Lah. 165 and Pal Singh and another v. Jamun 49 1 C 159 ref.

Niaz Muhammad Siddiqi for Petitioners.

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