Law:

Section:

Punjab Pre-emption Act (IX of 1991)- ----S. 13---Civil Procedure Code (V of 1908), S.115---Suit for pre-emption--­Maintainability---Revisional jurisdiction---Exercise of---Suit for pre-emption filed by pre-emptor on ground of being co-sharer in Khata was concurrently dismissed by Courts below without trial on merits holding that no Talabs were made in the case---Suit by a co-sharer without making Talabs was maintainable and could be decreed even after 31-7-1986---Courts below having failed to exercise jurisdiction vested in them to decide suit on merits, concurrent s and decrees of Courts below were declared illegal by High Court in exercise of revisional jurisdiction. Ahmad and others v. Abdul Aziz and others PLD 1989 SC 771 ref. JUDGMENT This suit of the petitioners for possession of land through pre-emption on the ground that they were co-sharers in the Khata was dismissed by the learned trial Court through judgment and decree dated 8-10-1988 without trial on merits on the ground that no Talabs were made. This was assailed in appeal before the learned lower appellate…

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