MEHRA vs ZAHUR AHMAD — 1965 PLD 580

Citation: 1965 PLD 580

Court: Lahore High Court

Year: 1971

Decision Date: 1971-02-10

Parties: MEHRA vs ZAHUR AHMAD

Headnotes

Case cited as PLD 1965 Lah. 580

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Akram Title: MEHRA vs ZAHUR AHMAD Case No.: Regular Second Appeal No, 45 of 1967 Date of Judgment:1971-02-10 Reported As: PLD 1971 Lahore 834 Result: Appeal accepted JUDGMENT JUDGMENT This is a regular second appeal by the unsuccessful plaintiff. His suit against the defendant- respondent was dismissed by the trial Court and the decree was affirmed on appeal dismissed by the learned District Judge, Mianwali. 2. The brief facts are these. The land in dispute was admittedly evacuee property and was held by one Sharaf Din as a provisional permanent allottee under the West Pakistan Rehabilitation Settlement Scheme. After his death it had devolved on Lis heirs, Mst. Basso and some others. They sold away the land in favour of Zahoor Ahmad, defendant-respondent, by means of Mutation No, 621 sanctioned on the 27th of May 1964 in Mauza Jhangi Ram Dakhli, Tehsil Bakhar for Rs, 1,456. On the 27th of May 1965, Mehra, plaintiff-appellant brought the suit against defendant-respondent for possession of the land by pre-emption on payment of Rs, 1,456 in the civil Court at Bakhar. The denfendant filed his written statement denying the allegations of the plaintiff and raised a preliminary objection to the effect that the transaction in dispute was not pre-emptible and the suit with respect to the evacuee land was not competent. This plea gave rise to the following preliminary issue framed by the trial Court :- "Is the transaction in suit…

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