Law:

Section:

JUDGMENT

Mohammad Hayat plaintiff-petitioner herein instituted a suit in the Court of Civil Judge, Swabi for the possession of land measuring 6 kanals out of 73 kanals 16 marlas comprising in khasra No. 174 situated in Mauza Gangu Dher, Tehsil Swabi in exercise of his right of pre-emption on, inter alia, the ground of being the co-sharer vide his plaint dated and presented on 3-7-1979.

2. The suit was contested by the defendants-respondents herein on, inter alia, the ground that they have also attained the status of co-sharer in the khata by way of an exchange of land vide a registered deed dated also of 3-7-1979. Finding the parties at variance, the learned trial Court framed the following issues.