BOSTAN KHAN vs DAULAT ALI alias KHAN
This matter concerns a petition for leave to appeal against a High Court judgment that upheld a pre-emption decree in favour of the respondent. The petitioner, who had purchased land, challenged the lower courts' decisions which allowed the respondent to claim possession through pre-emption. The core legal question presented for the Supreme Court's consideration is whether a civil court decree, which is based upon a compromise between the parties, can be legally classified as a "sale" for the purposes of the Punjab Pre-emption Act. The Supreme Court granted leave to appeal to examine this specific legal issue, noting that the nature of such a decree in the context of pre-emption rights requires authoritative determination. The Court also ordered the maintenance of the status quo regarding the disputed land pending the final adjudication of the appeal. This case serves to clarify the scope of what constitutes a sale transaction under pre-emption law when the underlying judicial decree arises from a settlement between the parties rather than a direct transfer of property.
- Can a civil court decree based on a compromise between parties be considered a "sale" for the purposes of the Punjab Pre-emption Act 1913?
- Punjab Pre-emption Act 1913
ORDER
1. ' USMAN ALI SHAH, J.--Bostan Khan petitioner had purchased the disputed land measuring 102 kanals 11-3/5 marlas with share of Shamilat situate at Mauza Adrana, Tehsil Jhelum from one Shah Wali. The present respondent Daulat Ali filed a suit for possession through pre-emption, in the Court of Civil Judge Jhelum, which was decreed in his favour on payment of Rs,10,954.89. Appeal of the petitioner before the Addl. District Judge, Jhelum was also dismissed vide his judgment dated 30-1- 1970. The regular second appeal of the petitioner before the High Court, remained unsuccessful vide impugned judgment. The petitioner now seeks leave to appeal from this Court.
2. The contention on behalf of the petitioner is that whether a Civil Court Decree, passed in favour of the respondent, based on a compromise between the parties can itself be considered as a "sale" for the purpose of the Punjab Preemption Act, is a point of consideration in this Court. Leave to appeal is therefore, granted. Security for costs in the sum of Rs,5,000. The appeal is to be made ready on the present record. The parties, if desire, are permitted to file additional documents.
3. Status quo is maintained.
4. ' Leave to .