MUHAMMAD YUSAF vs SIKANDAR — 1959 PLD 148

Citation: 1959 PLD 148

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-04-22

Parties: MUHAMMAD YUSAF vs SIKANDAR

Headnotes

Case cited as PLD 1959 Pesh. 148

Judgment Text

Court Name: Peshawar High Court Judge(s): Sardar Muhammad Iqbal, Sher Bahadur Khan, Shah Zaman Babar Title: MUHAMMAD YUSAF vs SIKANDAR Case No.: Civil Revision No. 206 of 1954 Regular Second Appeal No. 129 of 1967 Date of Judgment:1970-04-22 Reported As: PLD 1970 Peshawar 160 Result: Reference answered JUDGMENT JUDGMENT SARDAR MUHAMMAD IQBAL, J.--One Mst. Akbar Jan sold to Sikandar respondent 1106/4000 share out of land comprised in Khasra Nos. 562 and 563, Khata No. 368/777, measuring 3 kanals 11 marlas, and 558/400(1 share out of land comprised in Khasra Nos. 564 and 570, Khata No. 380/798, measuring 4 kanals 2 marlas, situate in village Potha, Tehsil Mansehra, Muhammad Yousuf, appellant, an owner of land comprised in Khasra No. 561 brought a suit for possession by pre- emption on the ground that his property was contiguous to the property in dispute. Khasra Nos. 562, 563, 564 and 570 which comprise the property in suit are admittedly contiguous to each other. The suit was dismissed by the learned trial Judge on the ground that the property of the plaintiff- pre-emptor was contiguous to only Khasra No. 562 and that being so he could claim on the basis of vicinity a right to pre-empt that Khasra number, and that since the other Khasra numbers were not contiguous to the property of the plaintiff he did not have the right of pre-emption in respect thereto. On that finding, he held that as the vendee had an indefeasible right in property comprised in Khasra numbers other…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.