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Regular Second Appeal No. 113 of 1979, decided or; 27th January, 1980.
‑‑ Ss. 4 & 15‑Pre‑emption‑Superior right‑Deed of exchange executed earlier than sale deed‑Exchange deed has precedence over sale deed and consequently respondent became co‑sharer in khata ; in dispute by means of exchange deed before sale of such khata in favour of petitioner‑Respondent, held rightly adjudged to have had superior right of pre‑emption.
‑‑ S. 15‑Pre‑emption‑Superior right‑Contention that petitioner having become owner of estate earlier that date of filing of suit, petitioner improved his status before institution of suit and thus respondent's superior right stood defeated‑Respondent being co sharer in khewat, held, ranked higher in order of precedence and contention devoid of force.
‑‑ S. 70‑Admitted facts‑Averment of plaint admitted in corres ponding para. of written statement‑Admitted facts, held, need not be formally proved.‑[Pleadings].
Khan Khuda Dad Khan Barki for Appellant.
Raja Said Akbar Khan with Mian Abdur Rashid for Respondent.
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