Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)-- ----S. 6(1)(a)---Suit for pre-emption---'Shafi sharik'---Purported pre-emptor not co-owner or co-sharer in undivided property---'Aks shajra' showed that one of the corners of suit property only touched a corner of the purported pre-emptor's land---Question as to whether the two lands were adjacent or not would be relevant for the determination of the purported pre-emptor's right as 'shafi jar' but not to ascertain whether he was a 'shafi sharik'---Purported pre-emptor could not refer to any document to show that the respondent was a co-owner or co-sharer in the corpus of the undivided immovable property wherefrom the said property had been sold---Purported pre-emptor could not be said to be 'shafi sharik' in such circumstances--- Pre-emption suit was dismissed accordingly. (b) Punjab Pre-emption Act (IX of 1991)-- ----S. 6(1)(c)---Suit for pre-emption---'Shafi jar'---Properties not adjacent to each other---'Aks shajra' showed that one of the corners of suit property only touched a corner of the purported pre-emptors land which would not meet the requirement of the two properties being "adjacent" to each other in terms of the explanation to S.6 of the Punjab Pre-emption Act, 1991---Purported pre-emptor could not be said to be 'shafi jar' in such circumstances---Pre-emption suit was dismissed accordingly. Muhammad Ayub v. Hazrat Mansha 2006 MLD 1001 ref. (c) Punjab Pre-emption Act (IX of 1991)-- ----S. 6(1)(c)---Suit for pre-emption---'Shafi khalit'---'Right of passage'---Main road contingent to suit land and land belonging to purported pre-emptor---Main road which could be accessed by both suit land and land belonging to purported pre-emptor could not be categorized as a "right of passage"---Purported pre-emptor also failed to establish that there was "right of water or right of irrigation" running through the suit property bringing water to his land, therefore, purported pre-emptor had failed to establish his right as 'shafi khalit'---Purported pre-emptor claimed that his tube-well supplied water to the suit property whereas one of his witnesses contradicted him by stating that the suit property was irrigated from the…

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