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Civil Petition No. 61 of 1977, decided on 27th May, 1984.
(On appeal from the judgment, dated 19‑1‑1977 of the Lahore High Court in R.S.A. No. 31 of 1977).
Constitution of Pakistan (1973)‑‑
‑‑Art. 185(3)‑‑Punjab Pre‑emption .Act (I of 1913), S.15‑‑Suit for pre‑emption ‑‑Leave to appeal granted to examine whether provisions of S.15 of Pre‑emption Act had been rightly construed by Courts below.
Pir Anwar Rehman, Advocate Supreme Court with Ejaz Ahmad Khan, Advocate‑on‑Record for Petitioners.
Wajid Hussain,
Advocate‑on‑Record for Respondent.
Date of hearing: 27th May, 1984.
J‑‑ The learned counsel for the petitioners, in support of this petition, relied upon the provisions of section 15 of the Punjab Pre‑emption Act which details the persons, in whom right of pre‑emption vests in respect of sale of the agricultural and village immovable property and submits that this provision as not been rightly construed by the Courts below.
After hearing the learned counsel for the petitioners we consider that there is some force in this submission. We would, accordingly, grant leave to appeal.
Security for costs Rs.1,000.
The appeal shall be made ready on the present record with liberty to the parties to add further documents, if any.
The interim stay granted on 4-2-1977 shall remain operative in the meanwhile.
S.Q. Leave granted
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