Law:

Section:

Punjab Pre-emption Act (I of 1913)--S. 15---Civil Procedure Code (V of 1908), O.VI, R. 17---Constitution of Pakistan (1973), Art. 185(3)---Plaintiff claimed right of pre-emption as a brother of vendor---Plaintiff's suits were dismissed as also his appeals---Plaintiffs second appeals were dismissed on the ratio of law laid down by Supreme Court in Sardar Ali's case reported as P L D 1988 S C 287---Leave to appeal---Plaintiffs plea was that after his second appeals were admitted, Supreme Court in Said Kamal Shah's case reported as P L D 1980 S C 300, had declared provisions of Punjab Pre­emption Act, 1913. to the extent that it conferred superior right of pre-emption on co-sharers as valid under injunctions of Islam, he had filed applications before the High Court for amendment of plaints to take the ground of co-sharership and to plead Talabs, which applications were unreasonably rejected by High Court Plaintiff, on basis of Ahmad's case. reported as PLD 1989 SC 771, contended that ownership coupled with co-sharership or contiguity being saved and not declared to be repugnant to the injunctions of Islam, High Court should have permitted petitioner to amend his pleadings---Leave to appeal was granted to consider questions raised by plaintiff. Sardar Ali and others v. Muhammad Ali and others P L D 1988 S C 287; Government of N.-W.F.P. v. Said Kamal Shah P L D 1986 S C 360 and Ahmad v, Aziz P L D 1989 S C 771 rel. ORDER RUSTUM S. SIDHWA, J.---This order will dispose of two petitions, namely, Civil Petitions for Leave to Appeals Nos. 424-R of 1988 and 425-R of 1988 filed by Muhammad Arif petitioner against the two separate judgments of the Lahore High Court, Rawalpindi Bench, dated 4th September, 1988. 2. One Muhammad Sadiq sold three kanals five marlas of land out of Khata No.120, Khasras Nos.1219 and 1233 in village Muri Khazan, Tehsil and District Rawalpindi, to Raja Muhammad Aslam and others respondents for Rs.6,000 vide registered sale-decd dated 17th September, 1978. Likewise, Muhammad Sadiq sold three kanals and four marlas out of Khata No.120/183-4. Khasras Nos.1219 and 1233 in village Muri Khazan, Tehsil and District Rawalpindi, to Naseer Ahmed and others…

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