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Constitution of Pakistan (1973)----Art. 185 (3)-- Jamabandis--Pre-emption--Leave to appeal, grant of-­Suit for correction in Jamabandis--Dispute about determination of area sold and area pre-empted-- Case being arguable, leave granted for reconsidering matter and determining correct position. ORDER ASLAM RIAZ HUSSAIN, J.--This order shall dispose of Civil Petition for Special Leave to Appeals Nos. 357, 358, 364, 369, 371 and 372 of 1982, as they involve the same question of law and are directed against the same judgment of (he High Court. 2. For the purpose of disposal of the petitions in hand, the facts giving rise to the present petitions are, briefly, that one Risaldar Maj. Ram Singh was the owner of land measuring 6,638 Kanals and 14 Marlas of land in Tehsil Bhakkar, District Mianwali, detail whereof are as follows: - (1) He was the sole owner (as Aala Malak) of land measuring 4,598 Kanals in Khewat No.36. (2) He was co-owner of land with some others in Khata Nos.56 and 36, to the extent of 3/16th share which came to 1,404 Kanals, 3 Marlas (He and his co-sharers owned this land as Aala Malak) (3) He also owned 636 Kanals and 1 Maria of land in Khata No.45 (as Aala as well as Adnaa Malak). 3. As admitted by the counsel for the petitioners as well as the counsel for the respondents and Adnaa Malak is a person who occupies some land as defined in and Aala Malak is the actual owner of the land whether in cultivating possession or not. It is also the case of both sides that a person can be both Aala Malak as well as Adnaa Malak on the same land. This is so where the owner himself is in cultivating possession of the land. 4. Ram Singh sold his entire land to one Capt. Ataullah Khan on 29-4-1943. According to the petitioners the area of the land sold to the latter was 6,638 Kanals and 4 Marlas. Subsequently, on 28-4-1944, one Hussain Bakhsh filed a suit to pre-empt the aforesaid sale. The suit was decreed with respect to the entire land. Thereafter, on 2-6-1950, the afore- mentioned Hussain Bakhsh sold 3/4th share equivalent to 4,978 Kanals and 16 Marlas of land to Muhammad Sharif Khan who, in turn, sold it to the six petitioners. The total land sold to these…

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