Fateh Din vs Mehr Allah Ditta and Zahoor Din — 1957 PLD 52

Citation: 1957 PLD 52

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as PLD 1957 Lah. 52

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Sajjad JUDGMENT Reported As: PLD 1972 Supreme Court 59 Result: Appeal dismissed Judgment JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Lahore, in Regular Second Appeal No. 105 of 1961, dated the 30th October 1967. By this judgment, the appeal was dismissed with costs. On the 11th April 1951, by a registered sale deed, agricultural land measuring 6 kanals, 13 marlas and 43 feet, situate in village Ichhra, Tehsil and District Lahore, bearing Khasra No. 86491 and Khewat No. 433, was sold by its owner Fateh Din to appellants Mehr Allah Ditta and Zahoor Din for a sum of Rs. 5,000. The respondents, along with one Imam Din jointly filed a Suit No. 411/1 to pre-empt the sale on the ground that they were the owners in the village Ichhra and also owned land in the same khata out of which the land in dispute has been sold. It was alleged in the plaint that the price of Rs. 5,000 is fictitious and the sale was for a lesser price. The suit was resisted by the vendees-appellants. They denied the superior right of pre-emption of the respondents. They pleaded that the suit was barred by time and was not maintainable as the land situated within the municipal limits of Lahore was exempted from the law of pre-emption. They further stated that the sale price of Rs. 5,000 was fixed in good faith and had…

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