Pre-emption suit

  1. Pre-emptor had to establish his right of pre-emption at the time of sale, at the time of filing the suit and at the time of first decree — Mere fact of vendees loosing their equal right with pre-emptor at the time of first decree would not provide further ground for pre-emptor for grant of a decree. Muhammad Ilyas v. Ali Asghar and 7 others 2003 SCR 520 (A)
  2. Prayer for possession not made — Order XX, Rule 14 CPC — Suit shall not fail on this ground — under order XX, rule 14 of CPC — it is the duty of the Court to grant decree of possession on establishment of rights of pre- emption. Clause (B) of sub-Rule 1 of Rule 14 speaks that on payment of decretal amount (purchase money) alongwith costs (if any,) the defendant shall deliver the possession of the property to the plaintiff whose title thereto shall be deemed to have accrued from the date of such payment— Held: in view of this clear statutory provision the pre-emption suit cannot fail mere on the ground that in the plaint prayer for possession has not been made. Shameem Akhtar & 14 others v. District Judge Poonch & 2 others 2016 SCR 1499 (A) Safdar Hussain Butt vs. Ch. Muhammad Azam & others (Civil Appeal No. 59 of 2012 decided on 29.01.2014)  rel.
  3. Order XX, Rule 14 — pre-emption suit — in absence of prayer for possession suit validly maintainable — observation that without seeking consequential remedy of possession the suit is not maintainable under the provisions of section 42 of specific Relief Act is uncalled for as the instant suit is clearly of pre-emption suit — Held: Mere insertion of words “دعویٰ استقرار حق” does not bring it within the purview of section 42 of specific Relief Act.  The term “pre- emption suit” is basically a suit for possession. Shameem Akhtar & 14 others v. District Judge Poonch & 2 others 2016 SCR 1499 (B) PLJ 1985 SC 475 rel.
  4. Prayer for possession — whether necessary — Order XX, Rule 14 CPC. — pre-emption suit the ultimate relief is delivery of possession of the pre-empted property — The statutory provision of Order XX, Rule 14 clearly postulates that on grant of decree of pre-emption the Court has to direct for delivery of the possession of the property to the plaintiff from the date of payment of the decretal amount. Mumtaz Ahmed v. Sarfraz Ahmed & 2 others 2016 SCR 1507 (A) Shameem Akhtar & others vs. District Judge & others (Civil Appeal No. 246/2015 decided on 15.04.2016) rel.
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