RUKAN-UD-DIN vs GHULAM MUSTAFA AND ANOTHER — 1970 PLD 797

Citation: 1970 PLD 797

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-31

Parties: RUKAN-UD-DIN vs GHULAM MUSTAFA AND ANOTHER

Headnotes

Case cited as PLD 1970 Lahore 797

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Akram, Muhammad Fazle Ghani Khan Title: RUKAN-UD-DIN vs GHULAM MUSTAFA AND ANOTHER Case No.:Regular Second Appeal No. 967 of 1965 Regular Second Appeal No. 25 of JUDGMENT Reported As: PLD 1970 Lahore 797 Result: E. Judgment JUDGMENT MUHAMMAD ARAM, J.---This is a plaintiff's regular second appeal against the judgment and decree dated the 1st of October 1965, passed by the District Judge, Mianwali, arming the decision by the trial Court in dismissing his suit against the defendants---respondents. 2. The brief facts are that the land in dispute measuring 29 kanals and 11 marlas situated in the estate of Chhorwala Shamali, Tehsil and District Mianwali, was evacuee-property. It was allotted and confirmed to one Siraj Din on quasi-permanent basis under the West Pakistan Rehabilitation Settlement Scheme. Afterwards he sold away his right, title and interest in the land to the two respondents, Ghulam Mustafa and Fakhur-ud-Din, for Rs. 5,000.00 and a mutation was attested in their favour by the Revenue Officer on the 14th of February 1969. On the 9th of July 1964, Rukun-ud- Din, appellant, brought a suit against the respondents for the possession of the land by pre- emption on payment of Rs. 1,475.00 or the amount fixed by the Court. The defendants, vendees, resisted the suit on a number of grounds: In their written statement they have inter alia alleged that the sale by Siraj Din of his rights, as an allottee of the evacuee land,…

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