Even otherwise, in view of the findings of the two
courts below that the petitioner could not prove the requisite
Talbs as envisaged by law, the alleged claim to preempt the
land would stand extinguished, in view of the rule in
“GOVERNMENT OF N.W.F.P. THROUGH SECRETARY,
LAW v. Malik SAID KAMAL SHAH” (PLD 1986 SC 360).
In result the petitioner cannot possibly claim any prejudice
due to the non-framing of any alleged plea of having a
superior right to preempt.
Lahore High Court
Civil Rev. Against Decree
111-D-11
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