MUHAMMAD BAKHSH versus QUTABUDDIN

Section 4 and 15 and the Transferred Property Act (I82 of I82), the preconceived notion of section 52 lease parlance presented by suit in favor of a person entitled to a prior umpire in the course of a lawsuit Does not affect sales. Instead of buying a suit property privately, a person with a high right of pre-emption can bring Wendy's suit and sell it to Wendy, who is considered ineligible for a prior umpire. Right or better. Before a pre-emptor can defeat a pre-emptor's claim in such a transaction, it is imperative that a pre-emptor be allowed to defeat someone who is pre-emptor's superior right and Ownership of a property that already sits over the limit due to overrun. In court immediately after the sale is affected

1981 C L C 1756

[Lahore]

Before Khurshid Ahmad, J

MUHAMMAD BAKHSH AND OTHERS‑‑Appellants

versus

QUTABUDDIN AND OTHERS‑Respondents

Regular Second Appeal No. 798 of 1978, decided on 12th November, 1980.

(a) Punjab Pre‑emption Act (I of 1913)‑--

‑‑ Ss. 4 & 15 and Transfer of Property Act (IV of 1882), S. 52‑Pre emption ‑ Doctrine of lis peralens ‑‑‑ Does not hit sale made during pendency of suit by vendee in favour of a person possess ing a right of pre‑emption equal to that of pre‑emptor‑‑Person possessing a superior right of pre‑emption instead of buying suit property privately bringing pre‑emption suit‑Suit of such person to succeed and pre‑emptor to be non‑suited‑Vendee may sell to a person having an equal right with pre‑emptor or having a superior right to pre‑emptor ante litem so as to defeat pre‑emptor's claim in genuine transaction‑Inequitable hence to permit a pre‑emptor to defeat a person who has a superior right of pre‑emption and whom suit property resold within period of limitation simply because of pre‑emptor rushing to Court immediately after sale effected.

Fateh Bibi v. Ahmad Khan P L D 1971 Lah. 171 rel.

(b) Punjab Pre‑emption Act (I of 1913)

------Ss. 4 & 15‑Pre‑emption‑Finding on issue whether plaintiff has a superior right of pre‑emption‑Not based on correct appreciation of law‑Case remanded to trial Court for fresh decision..‑{Remand of case].

Riaz Anwar for Appellant.

Nawazish Ali Asadi for Respondents.

Dates of hearing : 4th and 5th November, 1980.

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