MUHAMMAD vs RAZ GUL — 1972 PLD 146

Citation: 1972 PLD 146

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-12-31

Parties: MUHAMMAD vs RAZ GUL

Headnotes

Case cited as PLD 1972 Peshawar 146

Judgment Text

Court Name: Peshawar High Court Judge(s): Shah Zaman Babar Title: MUHAMMAD vs RAZ GUL Case No.: Regular Second Appeal No. 372 of 1966 Date of Judgment:- Reported As: PLD 1972 Peshawar 146 Result: Appeal accepted JUDGMENT JUDGMENT SHAH ZAMAN BABAR, J.---This second appeal arises, out of the pre-emption suit. Khasra No. 552, measuring 20 kanals 17 marlas, situate in Sarangzona, Tehsil Tank, District D.1. Khan, was the sole property of Khudadad. By mutation No. 5522, attested on 21-3.64 (copy Exh. D. W. 1/1) Khudadad sold half of the suit khasra to Nur Khan -and the other half to Lal Khan and Muhammad, nephews of Nur Khan. By another mutation No. 5569, attested on 15-8-64, Nur Khan sold his half share, measuring 10 kanals 81 marlas in Khasra No. 552 to Raz Gul. This second mutation is the subject of this pre-emption suit. Lal Khan (major) himself along with his minor brother Muhammad, whose next friend was Lal Khan, instituted the suit for possession by pre-emption of half the land comprised in Khasra No. 552, measuring 20 kanals 17 marlas, which sale was effected by mutation No. 5569, attested on 15-8-64 in favour of Raz Gul defendant. The plaintiff's claim superior right of pre-emption as against the vendee-defendant on the ground that they were co-sharers in the suit khasra. Raz Gul contested the suit. The following three issues, among others, were framed (1) Whether the plaintiffs have superior right of pre---emption? (2) Whether the plaintiffs had waived right of…

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