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Petitioner: ROSHAN DIN VS Respondent: LAL And 8 OTHER
Court Name: Lahore High Court Judge(s): Khalil-Ur-Rehman Khan Title: ROSHAN DIN vs LAL And 8 OTHER Case No.: Regular Second Appeal No.112 of 1987 Date of Judgment:1988-10-17 Reported As: 1989 CLC 1219 Result: Appeal dismissed
JUDGMENT
JUDGMENT The suit of the appellant for possession through pre-emption on the grounds of being collateral of the vendor, owner in the village and co-sharer in the disputed land as well as participator in the appendages and amenities attached to the land in dispute was dismissed by the learned Trial Court holding that the ground of co-sharer in the disputed Khata was not available and that on the other grounds the suit cannot be decreed in view of judgment is Said Kamal's case PLD 1986 SC 360. Feeling aggrieved of the judgment and decree passed by the learned Civil Judge on 21-1-1987 the appellant filed an appeal before the learned Additional District Judge, Okara which also failed and was dismissed vide judgment and decree dated 27-4-1987. Hence this second appeal. 2.It is not denied that in view of the law laid down in the case of Sardar Ali and others v. Muhammad Ali and others PLD 1988 SC A 287 no deep eon now be passed in favour of the appellant-pre-emptor. The appeal, therefore, fails and is dismissed. Parties are left bear their own costs.- ,