Law:

Section:

Khyber Pukhtunkhwa Pre-emption Act (X of 1987)---- ----Ss. 5 & 13----Preemption right---Nature---Predecessor of plaintiffs filed suit for pre-emption, and had died during pendency of said suit before recording of evidence---Suit was on the ground that right of pre-emption was not inheritable---Defendant took plea that legal heirs/plaintiffs, having no right on the date of sale, were not entitled to decree for pre-emption---Validity---Right of pre-emption being not inheritable right had extinguished with death of pre-emptor and sale was not pre-emptible---Plaintiffs who had no right on date of sale could not improve their right after sale by inheritance as cause of action had already come into existence and qualification by inheritance could not vest legal heirs with superior status after accrual of cause of action---Right of pre-emption was personal right in terms of S. 5 of Khyber Pukhtunkhwa Pre-emption Act, 1987---Legal heirs of deceased pre-emptor could not continue with prosecution of pre-emption suit initiated by their late father---Revision petition was dismissed in circumstance. Aziz-ur-Rehman and others v. Muhammad Nawaz PLD 1988 SC 384; Muhammad Younas v. Khushal 1989 SCMR 69; Muhammad Ishaq v. Muhammad Sadiq 2007 SCMR 1478; Malik Ghulam Nabi and others v. MBR-III, Board of Revenue and 5 others PLD 1990 SC 1043 and Nazir Hussain and others v. Mushtaq Ahmad (deceased) through legal heirs and others PLD 2010 SC 1048 rel. JUDGMENT QAISER RASHID KHAN, J.---Aggrieved of the judgments and decrees of the learned courts below, whereby the pre-emption suit of the petitioners was concurrently dismissed, the present revision petition has been preferred. 2. Brief facts leading to the instant revision petition are that Col. (Retd) Anwar Hussain (now dead and represented by his legal heirs) filed a suit for possession through pre-emption against the respondent/ defendant namely, Mst. Tasleem Bibi for possession through preemption in respect of landed property measuring 9 Marlas situated on North Circular Road D.I.Khan and detailed in the heading of the plaint by alleging that the suit property was the ownership of one Faridullah Khan who sold the same to the…

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