Mst. FATEH BIBI vs AHMAD KHAN AND 6 OTHERS — 1951 PLD 1

Citation: 1951 PLD 1

Court: Lahore High Court

Year: 1970

Decision Date: 1970-03-26

Parties: Mst. FATEH BIBI vs AHMAD KHAN AND 6 OTHERS

Headnotes

Case cited as PLD 1951 Pesh. 1

Judgment Text

Court Name: Lahore High Court Judge(s): Shamim Hussain Qadri, Muhammad Akram Title: Mst. FATEH BIBI vs AHMAD KHAN AND 6 OTHERS Case No.: Regular First Appeal No, 13 of 1968 Date of Judgment:1970-03-26 Reported As: PLD 1971 Lahore 171 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD AKRAM, J.--The suit by the respondents Nos, 1 and 2 for possession of the land in dispute by pre-emption was decreed by the Administrative Civil Judge, Jhang, on the 18th of March 1968, and the aggrieved defendant has come up in this appeal to this Court against the decree. 2. The land in suit measuring 245 kanals and 5 marlas situated in the estate of Lau, Tehsil and District Jhang, belonged to one Bandu. He sold this land to Imam Din, Niaz Muhammad and Abdur Rahim, defendants Nos, 1 to 3, ostensibly for Rs, 30,000.00, by means of Mutation No, 640 (Exh. P. 2) sanctioned on the 26th of December 1967. Afterwards, by means of another Mutation No, 651 (Exh. P. 3 ) attested on the 9th of February 1967 Imam Din and Niaz Muhammad, in turn sold their 51/55 share in the land to Allah Dad Khan and Ali Nawaz, defendants Nos, 4 and 5, for Rs, 30,000.00. 3. In these circumstances, on the 16th of February 1967, Ahmad Khan and Muhammad Nawaz, brought the suit against defendants Nos, 1 to 5 for possession of the land in dispute measuring 245 kanals and 5 marlas by preemption on payment of Rs, 11,000.00 or the market value fixed by the Court. The plaintiffs have based their superior right of pre-emption on…

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