DOST MUHAMMAD KHAN vs IMAM BAKHSH — 1971 PLD 150

Citation: 1971 PLD 150

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-06-03

Parties: DOST MUHAMMAD KHAN vs IMAM BAKHSH

Headnotes

Case cited as PLD 1971 Peshawar 150

Judgment Text

Court Name: Peshawar High Court Judge(s): Qaisar Khan, Shah Zaman Babar Title: DOST MUHAMMAD KHAN vs IMAM BAKHSH Case No.: Regular Second Appeal No, 443 of 1970 Date of Judgment:1971-06-03 Reported As: PLD 1971 Peshawar 150 Result: Appeal dismissed Judgment ORDER SHAH ZAMAN KHAN BABAR, J.--Malik Muhammad Ashiq and Malik Muhammad Ashraf, sons of Malik Haji Muhammad Hussain sold the suit house to Imam Bakhsh for a sale consideration of Rs, 2,500 by a registered sale-deed dated 23-3-1967. Dost Muhammad pre-empted this sale by a suit instituted on 4-5-67. Imam Bakhsh contested the suit on the ground that he had been gifted a portion of a house contiguous to the suit house by Ghulam Rasul by a deed executed on 27-4-67 and registered on 5-5-67. The pleas of the parties gave rise to as many as eight issues, including issues Nos, 2 and 5, which are assailed. Issue No, 2 is "whether the plaintiff has superior right of pre- emption?". Issue No, 5 is "Whether the defendant has improved his position, if so, with what effect?" 2. The suit was tried by Civil Judge, D. I. Khan, who by his judgment dated 30-4-68 on his finding on issues Nos, 2 and 5 dismissed the plaintiff's suit. 3. The plaintiff's appeal was also dismissed by the District Judge, Derajat by his judgment dated 4- 7-1970. 4. Dost Muhammad plaintiff has come up on second appeal. The learned counsel for the appellant argued that the gift in favour of Imam Bakhsh vendee by Ghulam Rasul donor was a gift of a portion of a house,…

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