Law:

Section:

Pre-emption-------Plaintiff filed suit for pre-emption claiming superior right of pre-emption against suit land being `Sharik-e-Jar' in adjoining land---Defendant resisted the suit on the ground that plaintiff was not a full and complete owner of said adjoining land, but there were four owners including the plaintiff and that said other co-owners had not filed pre-emption suit---Courts below concurrently dismissed pre-emption suit---Validity---Scope---Counsel for pre-emptor could not support his contention that co-owner of adjoining land alone could file pre-emption suit and claim right of pre-emption---Conclusion drawn by the two courts below being based upon correct appreciation of law, required no interference by the High Court in exercise of its revisional jurisdiction. Iftikharuddin v. Jamshed K.A. Market and 11 others PLD 1995 Kar. 608; Sikandar v. Sultan Muhammad PLD 1974 SC 11; Sakina Bibi v. Amiran and others ILR 10 All 472; Dewanutulla v. Kazem Molla ILR 15 Cal. 184 and Sakina Bibi v. Amiran and others defendants ILR (Allahabad) 1888 ref. Muhammad Aslam Chishti for Petitioner. Muhammad Ayaz Sawati and Shakil Ahmed Mirza for Respondents. Date of hearing: 1st August, 2008. JUDGMENT MEHTA KAILASH NATH KOHLI, J.--- This petition is directed against judgment and decree dated 28th March, 2005, passed by learned Additional District Judge-II, Quetta in Civil Appeal No.47 of 2004 and judgment and decree dated 16th October, 2004, passed by learned Senior Civil Judge-II, Quetta in Civil Suit No.85 of 2004, whereby; suit of the petitioner-plaintiff has been directed to be dismissed. Facts of the case, in brief, are that by means of mutation number 371 attested on 8th April, 2004, respondents Nos. 1 and 2 sold out a plot measuring 4997 square feet, situated in Mouza Ward No.28 Tappa Urban No.2 Tehsil City Quetta to respondents Nos.3, 4 and 5 in consideration of Rs.2,00,000. It has been stated that the petitioner and his three brothers are owners of the adjoining plot, while he is also tenant in the same disputed premises of the previous owner. It has further been stated that the petitioner's father had established a dairy farm known as `Qalandari Bara' after…

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