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Petitioner: MUHAMMAD SHAMIR And ANOTHER VS Respondent: MUHAMMAD BAKHSH And ANOTHER
Court Name: Lahore High Court Judge(s): Khalil-Ur-Rehman Khan Title: MUHAMMAD SHAMIR And ANOTHER vs MUHAMMAD BAKHSH And ANOTHER Case No.: Civil Revision No.562-D of 1987 Date of Judgment:1988-06-07 Reported As: 1989 CLC 1061 Result: Revision dismissed
Judgment ORDER Suit for possession through pre-emption filed by the petitioners was decreed by the learned trial Court on 15-10-1986 to the extent of 21 Kanals 9 Marlas out of the suit land holding that the petitioners were co-sharers and as such were possessed of superior right of pre-emption. On appeal of the vendee this decree was set aside by the learned appellate Court as it was of the view that the plaintiffs had waived their right of pre-emption. This led to the filing of this revision petition. 2.Learned counsel has challenged the finding of the learned appellate Court on the issue pertaining to waiver. Even otherwise the petitioners-plaintiffs cannot succeed in their suit despite the finding A that they were co-sharers in Khata No. 2 for the reason that the two prerequisites for the exercise of right of pre-emption viz. 'Talab' and 'Notice' had not been asserted in the plaint. This revision., therefore, fails and is dismissed in limine.