Law: Khyber Pakhtunkhwa Pre-emption Act, (X of 1987)

Section: 2(d),5(1),13(2)

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 2(d), 5(1), 13(2)---Pre-emption suit, filing of---Suit filed by pre-emptor prematurely before completion of sale of property---Section 5 of the Khyber Pakhtunkhwa Pre-emption Act, 1987 clearly stated that “the right of pre-emption shall arise in case of sale” meaning thereby that when there was no sale i.e. conveyance of title from vendor to vendee, there would be no right of pre-emption---In the present case, perusal of the agreement to sell showed that it had expressly been stipulated therein that sale deed would be executed and the possession would be delivered to the appellants (vendees) after payment of outstanding balance out of total consideration---Admittedly agreement to sell between the parties had not been concluded at the time when the respondent (pre-emptor) had performed his first talab---On the date when the pre-emptor performed Talb-e-Muwathibat, the sale was not complete, therefore, the subsequent performance of Talb-e-lshhad and filing of suit for pre-emption was pre-mature---Argument of pre-emptor that once possession of pre-empted property was transferred, sale became complete even if the balance sale consideration had not been paid, did not hold ground as this did not create any right or title as per law---Appeal was allowed, impugned of High Court was set-aside and s of lower fora dismissing the suit for possession through pre-emption were affirmed. Muhammad Nazeef Khan v. Gulbat Khan and others 2012 SCMR 235 distinguished. Abdul Nasir v. Haji Said Akbar 2010 SCMR 1770 ref. (b) Transfer of Property Act (IV of 1882)--- ----S. 54---Agreement to sell---Scope---Agreement to sell does not create any title or claim over the property; it also does not create ownership in the land and, as such, a person in whose favour such an agreement is made cannot claim a decree of title on the basis of incomplete sale consideration---Even if such an agreement contains an acceptance of receipt of an earnest or partial payment of the total sale consideration, it does not need to be registered because all it does in lieu of is grant the right to get another document i.e. sale deed---Unless the sale…

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