Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)------Ss. 6 & 13---Suit for pre-emption---Suit was filed on two grounds, viz. being `Shafi Khalit' and `Shafi Jar'---Suit was, however, concurrently decreed by Courts below on the ground of plaintiff being a co-sharer in the suit land which ground was neither taken by him in his plaint nor he had produced any evidence in that respect---Plaintiff also did not file any application for amendment of the plaint within period of limitation to add new ground of co-sharership in the plaint---Evidence produced by plaintiff was purely on ground of co-sharership in the suit land; but he did not speak a single word about two grounds i.e. 'Shafi Khalit' and "Shafi Jar" which were taken in the plaint ---Factuin of co­sharership having not been pleaded in the plaint, plaintiff could not get any benefit from it---Without amendment in the plaint neither additional qualification could be pleaded nor evidence on such qualification could be adduced---Plaintiff having failed to get necessary amendment in his plaint, he was not entitled to any relief on a ground which was not pleaded by him---Evidence recorded on such ground also could not be considered in favour of the plaintiff---Concurrent s and decrees of Courts below were set aside in revision being contrary to law. 1984 CLC 3379; 1991 CLC 140; 1992 CLC 15; PLD 1997 Lah. 93; 2002 MLD 967 and Budho and others v. Ghulam Shah PLD 1963 SC 553 ref. Maazullah Barkandi and Gul Sadbar Khan for Petitioner. Javaid A. Khan for Respondent. Date of hearing: 21st February, 2003. JUDGMENT The judgment and decree, dated 5-3-2002 passed by the learned Additional District Judge-I, Charsadda whereby the judgment and decree for possession on the enforcement of pre-emptive rights passed by the learned trial Court in favour of the respondent was upheld, has been questioned through the instant civil, revision petition. 2. The breviate of the matter is that Pervez respondent filed a pre­emption suit qua the suit-land measuring 4 Marlas, 7 Sarsahi detailefully incorporated in the plaint in the Court of Civil Judge, Tangi against the petitioner. The suit was hotly contested by the petitioner.…

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