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Civil Petition No. 206 of 1982, decided on 25th October, 1982.
(On appeal from the judgment, dated 1‑2‑1982 of the Lahore High Court, Bahawalpur Bench, in Regular First Appeal No.40/80/BWP).
‑‑‑Art.185(3)‑‑Punjab Pre‑emption Act (I of 1913), Ss.15 & 16‑‑Leave to appeal granted to consider whether, in circumstances of case, conduct of respondent constituted waiver of her preferential right to transfer of land in dispute.
Muhammad Mahmood Bhatti, Advocate Supreme Court and M. Aslam Chaudhry, Advocate‑on‑Record for Petitioner.
Allah Nawaz, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Respondent.
Date of hearing: 25th October, 1982.
It has, inter alia, been contended that the respondent had waived her preferential right as evidenced by the statements of D.W.6 (Rashid Faiz) and D.W.9 (Muhammad Masood) which established that despite the knowledge of transfer of the land in favour of the petitioner herein for a sum of Rs. 57,000 and even on being asked to take the land she refused to do so. This conduct in the circumstances of the case constituted waiver and that this plea had been rejected on academic considerations rather than the true realities of the situation.
The case requires further consideration. Leave is, accordingly, granted.
Security in the sum of Rs.2,000.
Interim order to status quo as to the possession passed on 10‑3‑1982 to continue meanwhile.
S. Q. Leave granted.
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