MUHAMMAD HUSSAIN AND OTHERS vs AHMAD KHAN AND Another — 1971 SCMR 296

Citation: 1971 SCMR 296

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-02-22

Parties: MUHAMMAD HUSSAIN AND OTHERS vs AHMAD KHAN AND Another

Headnotes

Case cited as 1971 SCMR 296

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: MUHAMMAD HUSSAIN AND OTHERS vs AHMAD KHAN AND Another Case No.: Civil Review Petition No. 22 of 1970 Date of Judgment:1971-02-22 Reported As: 1971 SCMR 296 Result: Petition dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for the review of an order passed by this Court on the 8th of October 1970, dismissing a petition for special leave to appeal from a judg--ment of a learned Single Judge of the High Court of West Pakistan, Lahore, in a regular second appeal. The question that arose in the appeal was as to whether the right to pre-empt, which was claimed by the respondent---pre-emptors, who are Jat-Gorayas by caste, on the basis of their being co- owners in the sub-division of the village, known as Taraf Goraya, as a preferential right. They claimed that the Mauza Batala Sharam Singh, Tehsil and District Gujranwala, where the land was situated, was divided into two tarafs or sub-divisions ; namely, Taraf Goraya and Taraf Virk. The petitioners, who are Jat Virks by caste, resisted the claim on the ground that they being co-sharers in the village itself had an equal right and that the sub-division of the village had not been established. The High Court, upon the evidence adduced, came to the conclusion that the parties had gone to trial on the clear understanding that there were two distinct sub-divisions in the village even though in the pleadings there was no such…

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