AIR 1939 LAHORE 343

Lahore High Court

Hon'ble Judge(s): Addison, Ram Lall , JJ

Punjab Pre-emption Act (1 of 1913) , S.4— 'Sale'-Litigant agreeing to transfer, in case of success, portion of land to another person in consideration of services and expenses rendered by latter in conducting litigation-Transfer of land in pursuance of this agreement amounts to sale and can be made subject of pre-emption suit. The proposition that a transaction cannot be considered to be a sale for the purposes of the Preemption Act unless the consideration consists mainly, if not wholly, of cash, is not a correct proposition of law. It is n question of fact for the Court to consider in each case whether or not there has been a sale and the nature of the consideration is only one of several factors to be considered in arriving at that conclusion of fact.(Para 345C2) Where a person has agreed to help in carrying on litigation with regard to certain land in dispute and has got executed an agreement in his favour that in the event of success a portion of the land in suit would be transferred to him in consideration of services and expenses rendered by him, the transfer of the land in pursuance of this agreement amounts to sale which can be made the subject of a pre-emption suit : 54 P R 1889 ; AIR 1936 Lah 612 and 29 P R 1893, Rel. on ; AIR 1930 Lah 141, Dissent.; AIR 1927 All 361, Expl. and Disting,(Para 345C2) ....