Sardar GHULAM SARWAR KHAN AND 2 OTHERS vs Sardar MUHAMMAD — 1952 PLD 26

Citation: 1952 PLD 26

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-12-31

Parties: Sardar GHULAM SARWAR KHAN AND 2 OTHERS vs Sardar MUHAMMAD JUDGMENT

Headnotes

Case cited as PLD 1952 Pesh. 26

Judgment Text

Court Name: Peshawar High Court Judge(s): Shah Zaman Babar Title:Sardar GHULAM SARWAR KHAN AND 2 OTHERS vs Sardar MUHAMMAD JUDGMENT Reported As: PLD 1971 Peshawar 170 Result: Appeal accepted Judgment JUDGMENT This is an appeal by defendant-vendees from the judgment of the lower appellate Court, decreeing the plaintiffs' claim for pre-emption of the land in suit. 2. Sardar Muhammad Anwar, Sardar Muhammad Safdar Khan and Sardar Muhammad Akhtar Khan, sons of Sardar Muhammad Akbar Khan of village Kot Najibullah, Tehsil Haripur, District Hazara, sued Sardar Ghulam Sarwar Khan, Sardar Abdul Samad Khan, sons Mst. Shah Jehan, daughter of Sardar Ali Bahadur Khan, of the same village, for possession by pre-emption of the equity of redemption of Khasra No, 2961/621, measuring kanals 7 marlas with share of Shamilat etc. on payment of Rs, 1,000 situate in village Kot Najibullah. From the averments in the pleadings of the parties, the following issues were framed:-- (1)Whether the plaintiffs have got a cause of action? (2)Whether the plaintiffs are estopped from suing? (3)Whether the defendants have improved their position, if so, with what effect? (4)Whether the plaintiffs have got a superior right of pre-emption? (5)Whether a sum of Rs, 6,000 including the mortgage charge was fixed in good faith or actually paid? (6)Market value? (7)Relief? 3. The Civil Judge, Haripur by his judgment dated 5-10-1968 in view of his finding on issues, 1, 3 and 4, dismissed the plaintiffs' suit, leaving…

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