Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)------S. 6---Superior right of pre-emption on ground of being co-sharer in Khata--­Evidence on record clearly indicated that land in question formed part of joint Khata and that plaintiff was one of co-sharers thereof---Defendant's plea that such Khata stood partitioned or that share of plaintiff stood separated or that plaintiff had ceased to be co-sharer in Khata, was not established on record---No mutation had been sanctioned; no entry had been made in Revenue Record; and copies of Revenue Record still indicated that Khata in question, was joint and undivided---Plea of separation of share and delivery of possession set up in evidence, however, having not been raised in pleadings could not be considered or accepted---Holding of "Hissadari" possession by virtue of family arrangement or private settlement, therefore, would not tantamount to ultimate partition of Khata nor plaintiff would cease to be co-sharer on such plea---Plaintiff was, thus, co-sharer and could enforce his right of pre-emption with regard to land in question. Shah Hussain v. Abdullah Khan and others PLD 1967 Pesh. 284; Taiyaba A. Kapadia v. Agha Ziauddin Barni 1981 CLC 1267; Muhammad Shafi v. Rehmat Ali 1985 CLC 432; Syed Ali Amir v. Messrs Dalmia Cement Ltd. PLD 1961 Kar. 255; Haji Ghaffar-Haji Habib Janu v. Khawaja Wakil Ahmad PLD 1959 Kar. 611; Siddik Muhammad Shah v. Mst. Saran and others AIR 1930 PC 57(1); Shaukat Ali v. Sakindar Hayat and others 1995 PSC 648 and Ism Gul v. Meer Khan and 17 others 1997 SCMR 1282 ref. (b) Civil Procedure Code (V of 1908)--- ----O. VI, R.6---Material facts must be alleged in pleadings; evidence could not be led on plea of which no foundation had been laid in written-statement--­Where, however, any fact was raised in evidence or some evidence was led on any plea, which did not find mention in pleadings, same should not be allowed to come on record, and where evidence had come or, record, same should be overlooked and not considered. ---[Practice and procedure]. (c) Punjab Pre-emption Act (IX of 1991)-- ----S. 13---Performance of "Talbs" in accordance with law by female pre­emptor ---Essentials---Talbs at initial stage…

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