MUHAMMAD BAKHSH vs ZIA ULLAH AND OTHERS — 1967 PLD 411

Citation: 1967 PLD 411

Court: Baghdad-ul-Jadid

Year: 1971

Decision Date: 1971-04-22

Parties: MUHAMMAD BAKHSH vs ZIA ULLAH AND OTHERS

Headnotes

Case cited as PLD 1967 SC 411

Judgment Text

Court Name: Baghdad-ul-Jadid Judge(s): M. S. H. Qureshi, Anwar-ul-Haq Title: MUHAMMAD BAKHSH vs ZIA ULLAH AND OTHERS Case No.: Regular Second Appeal No, 51 of 1971/(BWP) Date of Judgment:1971-04-22 Reported As: PLD 1971 Baghdad-ul-Jadid 42 Result: Appeal dismissed Judgment ORDER ANWARUL HAQ, C. J.--This second appeal is by the preemptor who claimed a superior right of pre-emption on the basis of being a co-sharer in the khata. This share in the khata was acquired by the appellant by means of mutation No, 1031 attested on the 4th of June 1965. This claim was accepted by the learned trial Judge, but in appeal the finding was reversed, on the ground that section 54 of the Transfer of Property Act having been made applicable to the territories of the former Bahawalpur State, the pre-emptor had not acquired any valid title in the khata in question by virtue of the mutation relied upon by him. 2. It is submitted by Mr. Bhatti that the learned Additional District Judge has erred in taking the view that without registration of the sale the appellant did not acquire any share in the khata. In support of this contention the learned counsel has placed reliance on Abdul Karlin v. Fazal Muhammad Shah , and has contended that the view taken in Jangi v. Jhanda and others is not the correct view. It is further submitted that the true legal position is that whatever the defect in the preemptor's title, it is not open to the vendees in the present case to challenge the status of the…

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