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1987 SCMR 98 Present: Muhammad Afzal Zullah and Mian Burhanuddin Khan, JJ TARIQ MAHMOOD and others--Petitioners Vs MUHAMMAD ZAMAN--Respondent Civil Petition for Special Leave to Appeal No. 389 of 1982, decided on 3rd November, 1986. (From the of the Lahore High Court, Lahore, dated 3-4-1982 in R.S.A. No. 586 of 1976). Constitution of Pakistan (1973)- Art. 185(3)--Punjab Pre-emption Act (I of 1913), S.15--Pre-emption-­Sale of land from joint un-partitioned Khata--Plaintiff-pre-emptor admittedly cultivating land under vendor--Leave to appeal granted to consider inter alia: that admission made from petitioner's side during trial being against entries in record of rights and made by a layman without any basis, should not have been acted upon; and that vendor could not have sold specific piece of land from a jointly owned Khata without seeking partition in first instance. Rana Muhammad Sarwar, Advocate Supreme Court and S. Inayat Hussain Shah, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing: 3rd November, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from , dated 3rd Apri1,1982, of the Lahore High Court; whereby a Regular Second Appeal arising out of a pre-emption suit filed by the respondent, was allowed. Mst.Nasim Akhtar vendor had sold to the petitioners her share of land amounting to 80 Kanals from a joint un-partitioned Khatta. The respondent claimed to be the tenant on 72 Kanals out of the sold land and filed a suit for…

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