BAHADUR KHAN Versus NOOR MUHAMMAD

ORDER

SAAD SAOOD JAN, J.‑ ‑The petitioners brought a suit for pre‑emption. It was decreed by the trial Court but on appeal by the vendees it was dismissed by the learned Additional District Judge. In second appeal, the High Court declined to interfere with the judgment of the learned Additional District Judge.

2. The petitioners based their claim to the superior right on the assertion that they were co‑sharers in the khata in which the land in dispute was situate. However, at the trial they were unable to substantiate their assertion. They then took the plea that their claim to superior right should be upheld on the ground that they were owners in the estate while the respondents‑vendees were strangers therein. The learned Additional District Judge rejected the plea on the ground that this was not the basis on which they had come to the Court. The High Court upheld the view taken by the learned Additional District Judge.

3. On behalf of the petitioners it is contended that if their plain was properly construed, it would have become clear that they had claimed the superior right on the basis of ownership in the estate also. After perusing the plaint we are unable to accept this contention. This petition is accordingly dismissed.

M.I./B‑62/S Petition dismissed.