Law:

Section:

Punjab Pre-emption Act (IX of 1991)--­ ---- S. 10 --- Suit for pre-emption jointly filed by three plaintiffs regarding land in question --- One of plaintiffs during course of trial got his statement recorded to get his suit dismissed as withdrawn to the extent of his share mentioned in the title of the suit i.e. 1/4 share in property in question --- Pre-emptor's suit was dismissed as also their appeal against dismissal of suit --- Validity --- Each of the pre-emptors had specifically mentioned his share in the title of plaint and each of them was bound by the same without taking any exception thereto on any flimsy ground and excuse --- Such being the position due to exit of one of the preemptors, from the list of pre-emptors, proviso to S. 10, Punjab Pre-emption Act, 1991, would play its legal role --- Remaining pre-emptors, did not claim initially whole of the property for possession by pre-emption --­Mandatory provisions of S. 10, Punjab Pre-Emption Act, 1991, being applicable, plaintiff had been rightly non-suited by Courts below --- No irregularity having committed by Courts below, s and decrees granted by them were maintained in circumstances. ORDER The disputed property comprising an area of 119 Kanals 14 Marlas of land situated in Mauza Wan Syedan, Tehsil Jampur, District Rajanpur fully described in the plaint was initially owned by one Mst. Razia Bibi who evidenced through Mutation No.41 dated 29-12-1991 made sale of the same in favour of Kamal. Abdul Ghafoor and Rasool Bakhsh respondents-defendants. Claiming to be the Khata Sharik, Banna Sharik, Khala Sharik and on the ground of contiguity; Mian Wahid Bukhsh and Allah Bukhsh petitioners/plaintiffs alongwith one Ghulam Haider instituted their suit on 12-2-1991 to pre-empt the aforesaid sale. According to them the aforesaid status was not enjoyed by the defendants/vendees who were the strangers. They maintained that the sale price of Rs.2,10,000 was got entered in the mutation of sale to scare away the preemptors and that the amount of Rs.90,000 was fixed and paid thereof which was also the market value of the suit land. They maintained that they made the demands in terms of section 13 of the Punjab…

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