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Regular Second Appeal No. 734 of 1977, decided on 11th January, 1981.

‑‑ S. 3‑Valuation of suit, objection to‑Plaintiffs‑pre‑emptors fixing a certain value for suit but defendants (vendees) not seriously objecting to jurisdictional value fixed by plaintiffs either in trial Court or in appellate Court‑Such objection, held, cannot be raised in second appeal.‑[Pre‑emption‑Second appeal].

‑‑‑S. 4‑Partial pre‑emption‑Sale relating to areas situated in different Khasra numbers‑Few Khasra numbers omitted in suit‑‑Held, particular area cannot be said to have been excluded from being sued for in circumstances and case may be one of misdescription of land but not of partial pre‑emption.

S. 4 read with West Pakistan Land Reforms Regulation [C. M. L. A.'s 64 of 1959], para. 25‑Sale against restrictions on alienation of hold ings‑Appellants (vendees) not denying sale but objecting to sale being hit by Martial Law Regulation 64‑Objection, held cannot be entertained unless raised in pleadings and parties allowed to meet objection by leading evidence.‑[Pleadings].

‑‑ S. 4‑Partial pre‑emption‑Shares of each vendee separately speci fied but not shown each vendee paying his share of price separately to vendor‑Sale, held, indivisible‑‑Further held, vendees had reduced their status to that of stranger by joining in purchase a stranger.

Mian M. Ashraf, Ch. Mohammad Abdul Wahid and Muhammad Zafar Chaudhri for Appellant.

Shahid Hussain Kadrt for Respondent.

Dates of hearing : 26th November; 3rd, 4th and 7th December, 1980.

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