Law:

Section:

(a) Civil Procedure Code (V of 1908)- -- S. 11-Res judicata-Pre-emption suit-Finding in rival pre-emption suits having vendees and vendors impleaded as co-defendants--No contest between co-defendants inter se-Principle of res judicata, held, not applicable-Decision, though, can be res judicata between parties on same side yet conflict of interest between such parties inter se in former suit necessitating decision of conflict for granting relief in such suit condition precedent- [Res judicata-Pre-emption suit]. A decision can be res judicata also between parties on the same side, i.e., between co-plaintiffs or co-defendants, provided there was conflict of interest between such co-plaintiff's and co-defendants inter se in the former suit and it was necessary to decide such conflict for the granting of relief in that suit. In the pre-emption suits the vendors-appellants could only have been made pro forma defendants and such defendants could have no real conflict of interest between them and the vendees. So there could be no question of res judicata between them. (b) Constitution of Pakistan (1973)-- ---Art. 58(1)-Finding of fact-Not to be interfered with if con­currently arrived at by High Court and first appellate Court upon proper consideration of relevant evidence-No misreading of evidence or non-consideration of any material evidence pointed out--.Finding not interfered with. (e) Punjab Alienation of Lands (North-West Frontier Province Amendment) Act, 1948-­ -- Operation of Act-Prospective. (d) Limitation Act (IX of 1908)- --- Art. 120/142-Appellants for first time denying right of defendants to be member of an age4cultural tribe in 1955-Suit filed in 1957, held, well within time even under Art. 120. Muhammad Akbar Shah v. Muhammad Yusaf Shah and others P L D 1964 S C 329 distinguished. (e) Limitation Act (IX of 1948)-- --Art. 144-Adverse possession-Parts of land sold banjar qadim­ Held: Possession follows title in ease of such lands--Vendee became co-shares from date of purchase-No question of adverse possession could arise in' absence of any definite act of ouster.-[Adverse posses­sion]. JUDGMENT HAMOODUR RAHMAN, C. J. -These two appeal, by special leave,…

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