Law:

Section:

Preemption Suit for preemption Plea of partial preemption ValidityWell to which Wari Chah was related was not situated within the boundaries of the land sold but was situated on the adjacent land and the land in dispute had a right to cultivate from the said well which was attached with the land in disputeContention that land had been sold alongwith Wari Chah, therefore, the plaintiff was required to preempt whole of it whereas he did not mention in the plaint Wari Chah, therefore, it should have been deemed to have been a suit for partial preemption was repelledHeld, it was only a right to cultivate the land from the said well which was attached with the lands in disputeWhatever rights and liabilities were attached and appurtenant to the land in dispute, the same would be enjoyed by the person who had preempted the whole land sold. ORDER This petition is directed against the judgment, dated 2321988 of the Lahore High Court, Lahore through which R.S.A. No.226 of 1982, against the concurrent judgments and decrees of the Courts below decreeing the suit of the -Respondent for preemption has been dismissed. The suit was contended by the -Petitioner on variety of grounds inclusive of partial preemption. Learned counsel for the -Petitioner since during arguments before us frankly conceded that the only point on which he would pray for grant of leave to appeal is that of partial preemption, therefore, we are not called upon to adhere to the other grounds which have been taken.…

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