ATTA MUHAMMAD--Plaintiff vs AHMAD BAKHSH AND 2 OTHERS- Defendants — 1971 PLD 401

Citation: 1971 PLD 401

Court: Lahore High Court

Year: 1970

Decision Date: 1970-06-01

Parties: ATTA MUHAMMAD--Plaintiff vs AHMAD BAKHSH AND 2 OTHERS- Defendants

Headnotes

Case cited as PLD 1971 Lahore 401

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, A. R. Sheikh Title: ATTA MUHAMMAD--Plaintiff vs AHMAD BAKHSH AND 2 OTHERS- Defendants Case No.: Regular Second Appeal No, 506 of 1965 Date of Judgment:1970-06-01 Reported As: PLD 1971 Lahore 401 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD AFZAL CHEEMA, J.--The sole question that falls for determination in this plaintiffs' appeal is that of the indivisibility or otherwise of a composite sale of agricultural land measuring 292 kanals, 18 marlas comprising Khata Nos, 99, 100 and :6/48th share of Khata No, 101 situate in Mauza Jamraniwah, Tehsil Lodhran, District 'Wuhan, sought to be pre-empted by Ata Muhammad plaintiff. 2. The short background of the case is that on the 20th of August 1956 one Shamas-ud-Din vendor alienated his above-mentioned land by means of an oral sale in favour of Ahmad Bakhsh and his co-respondents Ghulam Farid and Muhammad Din, brothers inter se, for a sum of Rs, 24,326 in the proportion of 13: 2 and 1 share respectively, as shown by the copy of Jamabandi Exh. P. 1 and the mutation Exh. P. 3, dated 20-8-1956. On 27-7-1957, Ata Muhammad plaintiff brought a suit for possession by pre-emption on the basis of his superior right, wherein it was alleged, inter alia, that the actual price paid was Rs, 14,600 and not Rs, 24,326, which was fictitiously shown in the aforesaid documents, with a view to deter the plaintiff from bringing action. The averments made in the plaint were completely…

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