Law:

Section:

Constitutional Jurisdiction-- ----Constitutional jurisdiction is discretionary in nature. [P. 658] D Punjab Pre-emption Act, 1991 (IV of 1991)-- ----S. 9--Contitution of Pakistan, 1973, Art. 185(3)--Co-shares--Determined equal right of possess--Held: Petitioner is recorded, co-sharer in the record of rights--Petitioner as well as respondents have equal right in the suit land, therefore the suit of the petitioner is decreed to extent of 1/2 share justice has been done by High Court to decree the suit to the extent of 50% of the land in-question. [P. 658] C Punjab Pre-emption, 1991 (IV of 1991)-- ----S. 13--Non-mentioning of time, date and place in plaint--Validity--Divergent views--Held: Every case should be decided on its peculiar facts and circumstances. [P. 657] A & B 2005 SCMR 1201; 2004 SCMR 1580; 2000 SCMR 314; 2006 SCMR 1410 Judgment Ch. Ijaz Ahmed, J.--Petitioners have sought leave to appeal against the judgment of the Lahore High Court, Rawalpindi Bench, dated 5-4-2004 wherein the revision petition filed by respondents was accepted and reversed the judgment of the First Appellate Court. Necessary facts out of which the present petition arises are that Bakhat Bhari was the original owner of land in question measuring 24 kanals 2 marlas. The suit land is part of Khewat Nos. 1106 to 1112, 468 and share in Shamilat Deh. The original owner had sold the land in question to the petitioners through Mutation No. 965 dated 13-3-1996 for consideration of Rs. 12,000/-. Respondent/plaintiff filed a suit for possession through pre-emption in the Court of Civil Judge First Class Pindigheb, District Attock. The contents of the plaint reveal that respondent/plaintiff had visited his native village on 25-3-1996 and acquired knowledge of the said sale, so he at-once pronounced his intention to bring suit for pre-emption and thereafter he had despatched notices through registered post A/D as required by law of pre-emption. The contents of the plaint further reveal that plaintiff/respondent has claimed his superior rights on the basis of Shafi-e-Chareck and having adjacent land. Petitioners/defendants filed written statement controverting allegations leveled in the…

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