Case Details

Citation(s)
1988 SLG 2342 1988 SLD 2342 1988 SCMR 859
Supreme Court of Pakistan
Civil petition No. 847 of 1987, decided on 28th February, 1988. Date of hearing: 28th February, 1988 (From the judgment Dated 5-10-1987 of the Lahore High Court, Lahore in Civil Revision No. 43-D of 1987)
NASIM HASAN SHAH AND SAAD SAOOD JAN. JJ

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MUHAMMAD ASHIQ

VS

INAYAT ALI--Respondent

Law: Punjab Pre-emption Act, 1913

Section: 15

Punjab Pre-emption Act (I of 1913)--   ---S.15--Suit for pre-emption-- Leave to appeal granted to-examine contention that the vendee was a tenant in the land in dispute and, therefore, the claim of pre-emptor which was based on co-ownership could be of no avail to him. ORDER SAAR SAOOD JAN, J.--The petitioner purchased 11 kanals 3 marlas of agricultural land in village Bazidpur of Tehsil Kasur. and said land fell in two khatas, namely, khata No.44 and. Khata The No.61. The respondent filed a suit for pre-emption on the round that he was a ca-sharer in the said khatas. The Senior Civil Judge, Kasur dismissed the suit, holding that he had not been able to establish his superior right. The petitioner filed an appeal which was heard by an Additional District Judge, Kasur. During the course of arguments, counsel for the petitioner conceded that the respondent was a co-sharer in khata No.61. On the basis of this statement the learned Additional District Judge decreed the suit of the respondent le in so far the land in khata No-61 was concerned. The…
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