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MUHAMMAD IRSHAD KHAN versus MUHAMMAD KHAN ZAFAR HUSSAIN


Section 15 Pre-Impression Suit Estoppel A person agrees to a sale and is taking part in its completion, preventing pre-emption litigation in connection with such sale.

1981 C L C 203

[Lahore]

Before Muhammad llyas, J

MOHAMMAD IRSHAD KHAN‑Appellant

versus

MUHAMMAD KHAN ZAFAR HUSSAIN AND ANOTHER

Plaintiffs

Regular Second Appeal No. 454 of 1979, decided on 1st July 1980.

Punjab Pre‑emption Act (1 of 1913)‑

S. 15‑Pre‑emption suit‑Estoppel‑Person consenting to a sale and taking active part in its completion‑Held, estopped from filing a suit for pre‑emption in respect of such sale.

Chitu & Mam Chand Sons v. Mst. Niaz Begum etc. 205 P L R 1910; Bhagat Ram v. Raghber Dial and others A I R 1925 Lab: 57; Zahuruddin Khan v. K. B. Shahalam Khan and others P L D 19:59 Pesh. 148; Muhammad v. Raz Gul P L D 1972 Pesh. 146; Bhagat Singh v. Hukam Singh and others A I R 1947 Lah. 299; Lugmari v. Allah Diwajpa and others P L D 1967 Pesh. 166; Qutub‑ud‑Din v. Muhammad Siddique and others P L D 1968 Lah. 418; Sultan v. Lt.‑Col. Dost Muhammad cued another P L D 1973 Lah. 318; Muhammad Ali Khondaker v. Haji Maksed Ali Khan 1969 D L C 436; Sikandar Hayat and 9 others v. Master Fazal Karim P L D 1971 S C 730 and Pbteh Chand and others v. Kirpa Singh and others 48 P R 1912 ref.

Muhammad Sharif for Appellant.

Malik Muhammad Rashid for Respondents.

Dates of hearing : 5th and 10th May 1980.

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