Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Civil Procedure Code (V of 1908) O.I, R 10---Transfer of Property Act (IV of 1882), S.52---Constitution of Pakistan, Art.199 ---Constitutional petition---Lis pendens, principle of----Applicability---Alienation of land through registered sale deed---Status---Suit for preemption regarding property that was pending sub-judice---Petitioner filed application for impleadment as defendant upon basis of registered sale deed on ground that since defendant was no more owner of suit property and had lost his interest, therefore, petitioner be allowed to defend suit---Application was rejected by Trial Court on ground that sale transaction was executed during pendency of suit and would not affect plaintiff's right in view of principle of lis pendens---Revision filed against dismissal was also dismissed---Validity---Admittedly, alienation of suit land was struck during pendency of suit and petitioner had stepped into shoes of vendee, therefore, will fall or rise with vendee/defendant in view of S.52 of Transfer of Property Act, 1882---Constitutional petition was dismissed being devoid of merit. Muhammad Ashraf Butt and others v. Muhammad Asif Bhatti and others PLD 2011 SC 905 rel. JUDGMENT MUHAMMAD YOUNIS THAHEEM, J.--- This judgment is directed to dispose of present Writ Petition against the judgment dated 20-1-2010 of learned Additional District Judge-I, Bannu vide which the Revision Petition filed by petitioner against the order of learned Civil Judge-V, Bannu dated 14-12-2009 was dismissed. 2. Brief facts of the case are that respondent No.1 instituted a suit for pre-emption on 13-12-2008 impugning sale mutation No.2808 dated 13-9-2008, which was pending before the learned trial Court of Civil Judge-V, Bannu. The petitioner filed application for impleadment as defendant upon the strength of registered sale-deed No.720 dated 17-12-2008 with the plea that respondent Arifullah Khan has transferred the suit land to him and same respondent No.2 is no more owner and hence had lost interested, therefore, he intended to defend his rights in the suit property. Upon this assertion respondent No.1 submitted his…

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