Law: Punjab Pre-emption Act (I of 1913)

Section: 7

Law: Civil Procedure Code (V of 1908)

Section: 1,2

Punjab Pre-emption Act (I of 1913)------   ----S. 7-Suit for pre-emp tion-Plaintiff stating in plaint that he has right of pre-emption but not specifying ground on which such claim based-Plaint, never theless, cannot be said to be one disclosing no cause of action Plaintiff need not specifically allege in plaint that custom of pre-emption exists in particular town concerned-Civil Procedure Code (V of 1908), O. II, r. 1 & O. VI, r. 2.   Under the Civil Procedure Code, 1908. Order II, rule I only requires that every suit shall as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them. Similarly, Order VI, rule 2 requires that every pleading shall contain and contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence as the case may be. A party is thus only expected to state facts only and not law and it is for the Courts itself to find out and examine all pleas of law that may apply to the facts. The plaintiff, therefore, in a pre-emption suit under the Punjab Pre-emption Act, 1913 is only required to allege in his plaint his right of pre-emption and need not further specifically allege the fact as well that the custom of pre-emption existed in the town concerned.   Sat Narain v. Pheroze Behrainji and another A I R 1936 Lah. 35 and Dashrathlal Chhaganlal and another v. Bai Dhondubai A I R 1941 Bom. 262 ref. Date of hearing ; 25th February 1966.  JUDGMENT   This judgment will dispose of R. S. As. Nos. 330 of 1956, 331 of 1956 and 332 of 1956 in which common questions of law and facts are involved.   These second appeals arise out of three suits filed byMst. Hayat Begum, the appellant in the Court of Additional Civil Judge, 4th class, Gujrat. Faiz Ahmad, respondent No. 1, sold his house situated in Jalalpur Jattan to Ghulam Sadiq, his wife Mst. Ghulam Fatima Begum and their son Asaf Mahmud in three equal shares separately for Rs. 199-12 each. Mst. Hayat Begum instituted three suits to pre-empt the sales on the ground that she had a superior right of pre-emption in respect…