Law:

Section:

N.-W. F. P. Pre-emption Act (XIV of 1950)-----S. 5-Pre-emption-Limitation--Mutation entered on basis of original sale and in implementation thereof-Starting point of limitation-Date of original sale and not date of mutation-Mutation not fresh oral sale, in circumstances. ORDER ANWARUL HAQ, J.-This petition seeks leave to appeal against the judgment of a learned Judge of the Peshawar High Court dated the 14th of June 1974, whereby a second appeal field by the petitioners in a pre-emption suit was dismissed. The land in dispute was transferred to a displaced person named Kh. Ahmadullah under the provisions of the Rehabilitation Settlement Scheme and the Displaced Persons (Land Settlement) Act, 1958. By means of a registered sale deed dated the 20th of May 1961, he sold this land to the respondent Ghulam Jan for a sum of Rs. 30, 000. The mutation of sale was, however, rejected by the revenue Officer by his order dated the 23rd of August 1961 on the ground that the sale violated the provisions of Martial Law Regulation 64. On 17-5-62, Kh. Ahmedullah sold an area of 45 kanals, out of the disputed land, to one Mst. Noor Jehan for Rs. 45,000. Mutation No. 847 was attested in this behalf. This sale was challenged by the previous vendee Ghulam Jan, who succeeded in obtaining a decree against Mst. Noor Jehan, with the result that the earlier sale made in favour of Ghulam Jan remained intact. At this stage the petitioner Sardar Khan entered the picture by instituting a suit on 21-5-62 for a declaration to the effect that the sale made by Kh. Ahmedullah in favour of Ghulam Jan was void and ineffective, on account of the contravention of certain provisions of Martial Law Regulation 64. In the alternative the petitioner claimed possession of the land by pre-emption. As Sardar Khan did not deposit the pre-emption money, his claim in this behalf was rejected by the trial Court on 7-6-62. The rest of the suit was dismissed in default under Order IX, rule 8 of the Code of Civil Procedure on 22-11-62. Now, it was the turn of the vendor Kh. Ahmedwlah to challenge the validity of the sale he had himself made in favour of the respondent Ghulam Jan. He filed a suit on 29-11-1962 for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492