Transfer of suit land

2016 CLCN 131 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 42Declaration on the basis of a decree for pre-emptionLimitationNon-execution of decreeTransfer of suit landScope

Plaintiff pre-empted the suit land and decree was passed in his favour but he did not get executed the said decree and vendor further transferred the suit land

Contention of plaintiff was that he was owner in possession of suit property

Suit was dismissed by the Trial Court but same was decreed by the Appellate Court

Validity

Plaintiff had failed to prove that decree for pre-emption was executed in his favour

Present suit had been filed after 35 years from passing of decree in favour of plaintiff

No mutation was attested in favour of plaintiff on the basis of alleged decree for pre-emption

Sale in favour of defendants was in the knowledge of plaintiff since five years after passing of pre-emption decree in his favour

When a party had defrauded the other party, the sufferer out of the parties would be the person who let the first party to defraud them

Plaintiff knowingly let the vendor to sell suit property again in favour of defendants after 28 years of decree in his favour

Defendants were in possession over the suit property

Present suit was barred by time

Findings recorded by the Appellate Court were against law

Plaintiff himself had let the vendor to defraud the defendants

If case of plaintiff was admitted to be true even then he was responsible for defrauding the defendants

Defendants could not be made scapegoat of misdeeds of plaintiff and vendor who were real brothers

If plaintiff had any claim then he could sue the vendor of suit land for his compensation

Plaintiff had to suffer in the present litigation as he had let the vendor to defraud the defendants

Impugned judgment and decree passed by the Appellate Court were set aside and those of Trial Court were restored

Revision was accepted in circumstances.

2013 MLD 713 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 13Punjab Pre-emption Act (I of 1913), S.21Pre-emptor, right ofTransfer of suit landPrinciple

Not necessary that pre-emptor should succeed in suit for possession through pre-emption, rather he can get transfer land in question, after paying sale consideration to vendee without intervention of court.