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Petitioner: MUHAMMAD ALAM VS Respondent: SALEEM SARWARHonorable Justice Saad Saood Jan
1988 S C M R 1390(1)
1988 S C M R 1390(1)
Present: Muhammad Afzal Zullah and Saad Saood Jan, JJ
MUHAMMAD ALAM‑‑Petitioner
versus
SALEEM SARWAR‑‑Respondent
Civil Petition NO.686 of 1985, decided on 1st June, 1988.
(From the judgment dated 25‑5‑1985 of the Lahore High Court, Lahore passed in Civil Revision No .444/ D of 1985) .
Punjab Pre‑emption Act (I of 1913)‑‑
‑‑‑S .21‑‑Pre‑emption suit‑‑Plea of petitioner that he was owner in the estate was not taken up before the Trial Court or Appellate Court‑‑Respondent was found to be co‑sharer in the Khata‑‑Petitioner's plea was rejected by Supreme Court.
Muhammad Nasrullah Waraich, Advocate Supreme Court and S. Wajid Hussain, Advocate‑on‑Record (absent) for Petitioner.
Malik Saeed Hassan, Advocate Supreme Court and S. Abid Nawaz Advocate‑on‑Record for Respondent.
Date of hearing: 1st June, 1988.
ORDER
SAAD SAOOD JAN, J.‑‑The respondent's suit for pre‑emption was decreed by the trial Court after holding that he was a co‑sharer in the khata of which the land sold formed a part. The decree was affirmed by the Additional District Judge and the High Court.
2. The petitioner defended the suit on the ground that he was a tenant in the land in dispute and as such he had a prior right. His assertion was rejected by the Courts below and he has no longer pressed this plea before us. He however, claims that he was an owner in the estate. This plea was not taken up before the trial Court or before the Additional District Judge. In any event, it can hardly advance his case further as the respondent was found to be co‑sharer in the khata. This petition is without any merit and is hereby dismissed.
M. B.A./M‑475/S Petition dismissed.