- Land sold along with the share in shamilat deh land — pre-emptor failed to pre-empt the share in shamilat deh land — Observed: that the shamilat deh is a property for all practical purposes and intent — The share or right in shamialt deh land has a separate entity and it is not a right attached with some land or with some individual. Muhammad Rafique v. Qurban Hussain & anothers 2016 SCR 796 (B) PLD 1979 SC (AJ&K) 123 ref.
- A right in shamilat deh land is a separate right while the trees and Aar-Banna are attached with the property. Muhammad Rafique v. Qurban Hussain & anothers 2016 SCR 796 (C)
- Land sold along with mango trees — No separate price for tree was assessed — since no separate price for mango tree fixed — suit not hit by partial pre-emption. Muhammad Rafique v. Qurban Hussain & anothers 2016 SCR 796 (D) PLD 1993 AJ&K 168 rel.
- Land sold alongwith tubewell sunk on the land — separate price for land and tubewell fixed — entire sale pre-empted — Lahore High Court observed that the tubewell is the part of the land in dispute and covered by the definition of land contained in the Alienation of the Land Act, 1900 — suit not hit by partial pre-emption. Muhammad Rafique v. Qurban Hussain & anothers 2016 SCR 796 (E) 1986 MLD 521 & PLD 1976 Lah. 1233 ref.
- Held: the trees and Aar-Banna are attached to the land and are not a separate entity to be sold separately — Non-mentioning of the same in the plaint does not affect the suit and the suit is not hit by partial pre-emption. M. Rafique v. Qurban Hussain & anothers 2016 SCR 796 (F)
- — shamilat-deh land is a separate entity, which is not part of the land—It has potential to be sold and when a pre-emptor fails to pre-empt the share in shamilat–deh land, then the suit is hit by the doctrine of partial pre-emption. Munshi Khan & others v. Mehboob Khan 2017 SCR 129 (G) PLD 1979 SC (AJ&K) 123 and 2016 SCR 796 ref.
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