Law: North-West Frontier Province Pre-emption Act, (XIV of 1950)

Section: 5,6,31

Law: Civil Procedure Code (V of 1908)

Section: O.XXIII,R.3

(a) North-West Frontier Province Pre-emption Act (XIV of 1950)--- ----S. 31---Pre-emption suit---Limitation---Purchase of suit land by vendee through un-registered sale-deed dated 17-6-1977 and consent decree dated 27-3-1979---Filing of suit by pre-emptor on 10-4-1979---Validity---Vendor had sold suit land vide sale deed and delivered its possession to vendee on 17-6-1977---Vendee in a declaratory suit filed against vendor had obtained such consent decree declaring vendee to be owner in possession of suit land---Purchase of suit land and delivery of its possession to vendee on 17-6-1977 through such deed had not been disputed by pre-emptor in plaint---Time for institution of pre-emption suit in case of agricultural land would start running from date of attestation of mutation or delivery of possession, whichever was earlier---Delivery of possession of suit land to vendee on 17-6-1977 was admitted by pre-emptor---Pre-emptor had filed suit on 10-4-1979 beyond one year from taking possession of suit land by vendee on 17-6-1977---Suit was dismissed for being time barred in circumstances. Govt. of N.-W.F.P. v. Syed Kamal Shah PLD 1986 SC 360; Muhammad Inayatand others v. Mst. Nisar Fatima PLD 1994 SC 120; Sikandar v. Sher Baz 2007 SCMR 1802; Muhammad Akbar and another v. Allah Ditta PLD 1974 Pesh. 51; Abdul Khaliq v. Abdul Ghani PLD 1969 Lah. 249; Muhammad Muzafar Khan v. Muhammad Yousaf Khan PLD 1959 SC (Pak) 9; Shabir Hussain and others v.Muhammad Sharif and others 1987 MLD 73; Muhammad Sharif v. Ghulam Hussain 1995 SCMR 514; Barkhurdar v. Muhammad Razaq PLD 1989 SC 749 and Muhammad Masood Khan Bhatti v. Mst. Ghulam Fatima 1987 SCMR 1206 ref. Sher Muhammad v. Raja PLD 1981 SC 591; Allah Yar v. Raja 1989 SCMR 802; Burkhurdar v. Muhammad Razaq PLD 1989 SC 749; Ghulam Sarwar v. Mazhar Ahmad PLD 1995 SC 677 and Noor Muhammad v. Ahmad PLD 1997 SC 371 rel. (b) North-West Frontier Province Pre-emption ,Act (XIV of 1950)---- ----Ss. 5 & 6---Pre-emption suit---Suit land consisting of 29 Khasra numbers included in one Khata number in Revenue Record---Purchase of some land by vendee before institution of suit out of one suit Khasra number---Effect---Vendee on basis of…

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