Law: Khyber Pakhtunkhwa Pre-emption Act, (X of 1987)

Section: 6,13

Law: Khyber Pakhtunkhwa Pre-emption Act, (X of 1987)

Section: 6,13

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 42,4(13)

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)-------S. 6---West Pakistan Land Revenue Act (XVI of 1967), S.42---Pre-emption suit---Sale of suit land through mutation---Pre-emptor claiming to be co-owner in suit land for having inherited share therein from her husband, who died prior to attestation of suit mutation---Defendant's plea that inheritance mutation in favour of pre-emptor was attested after suit mutation, thus, she could not claim to have acquired superior right of pre-emption at time of suit sale---Validity---Legal heirs would become owners of legacy left by their propositus just after his death---Attestation of mutation would not be a condition precedent for creation of right in legacy of propositus---Purpose of attestation of mutation was to maintain record up-to-date---Pre-emptor was already co-owner in suit land at time of attestation of suit mutation in favour of defendant---Plea of defendant was repelled in circumstances. (b) Islamic law--- ----Inheritance mutation, attestation of---Purpose and scope---Purpose of attestation of mutation was to maintain record up-to-date---Attestation of such mutation would not be a condition precedent for creation of right in legacy of propositus---Legal heirs would become owners of legacy left by their propositus just after his death. (c) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 6---West Pakistan Land Revenue Act (XVI of 1967), S.4(13)---Pre-emption suit---Defendant's plea that he was in possession of suit-land as mortgagee, therefore, he had superior right of pre-emption by virtue of S.4(13) of West Pakistan Land Revenue Act, 1967---Validity---"Landowner" under S.4(13) of West Pakistan Land Revenue Act, 1967 was entitled to enjoy possession and recover arrears of land revenue, but had no right to convey, alienate, mortgage or bequeath property, whereas owner of land had all such rights---Term 'landowner" as used in S.4(13) of West Pakistan Land Revenue Act, 1967 was not synonymous with owner of land---Had legislature intended to give any right of pre-emption to "landowner" as defined in S.4(13) of West Pakistan Land Revenue Act, 1967, then same could have been provided in explanation of…

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