Law:

Section:

(a) N: W.F.P. Pre-emption Act (XIV of 1950)--- S. 12-Pre-emption-Muhammadan Law-Pre-emptor not full owner of contiguous house but merely having Haquq-e-Bashind­gane Dawami (right of permanent residence) therein - Has no superior right of pre-emption under S. 12-Milk or ownership of Shufee (pre-emptor) in house sought to be pre-empted necessary-Condition not confined to house property only­Haquq-e-Bashindgane Dawami not a full proprietary interest. Where the question was whether a mere right of permanent residence (Haquq-e-Bashindgane Dawami) was sufficient to give the person, having such a right, a right of pre-emption in regard to sale of contiguous property. Held: Where pre-emption is claimed the pre-emptor must have the milkiat or ownership in the property on account of which he claims the right of pre-emption. In Baillie's Digest of Mohammadan Law (2nd Edn., Book VII, p. 475) there are six conditions laid down for the enforcement of this right of pre­emption and the sixth condition is : "There must be milk or ownership of the shufee, or pre-emptor, at the time of the purchase, in the mansion on account of which he claims the right of pre-emption". The title-deed pertaining to the property of the pre-emptor clearly described the right conveyed as Haquq-e-Bashindgane Dawamf, which was certainly not a full proprietary interest. It appears that the appellant also, in his statement before the trial Court, merely described his property as his Maqbuza Makan and not as Makan-e-Mamluka. The High Court rightly held that the appellant did not possess a sufficiently superior right of pre-emption on this ground to claim the right of pre-emption of the adjoining property. [p. 16JD Syed Saeed-ud-Din v. Haji Iunus Mia P L D 1960 Dacca 416; Mohammad Jamil and others v. Khub Lal A I R 1921 Pat. 164; Dhirakhshan Singh v. Triloki Prashad Singh and others A I R 1923 Pat. 217: Phul Mohammad Khan and another v. Qazi Kutabuddin A I R 1937 Pat. 578; Sakina Bibi v. Amiran and others I L R 10 All. 472; Muhammadan Juris­prudence by Abdur Rahim; Hedaya and Majallah Chap. III, S. II, para. 1018; Baillie's Digest of Mohammadan Law, 2nd Edn., Vol. VII, p. 475; Dhashrat­lal Chhaganlal v.…

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