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

Section: 13

Law: Specific Relief Act, 1877

Section: 9

Law: Civil Procedure Code (V of 1908)

Section: 11

Khyber Pakhtunkhwa Pre-emption Act, 1987 (X of 1987)-- ----S. 13--Specific Relief Act, (I of 1877), S. 9--Civil Procedure Code, (V of 1908), O.VII R. 11--Suit for possession through pre-emption--Filing of application for dismissal of suit--Rejected--Civil Revision accepted--Case was remanded--Dismissal of suit after post remand proceedings--Concurrent findings--Premature pre-emption--Non completion of sale and possession--Question of whether--(i) Agreement to sell confers title, (ii) Agreement was conclusive at time when respondent allegedly performed talb-e-muhibat i.e. 23.2.2010, (iii) if sale was not complete whether suit filed by respondent was competent--Balance sale consideration was paid which means that agreement to sell between parties had not been concluded at time when respondent had performed his first talab--When respondent performed Talb-e-Muwathibat, sale was not complete, subsequent performance of Talb-e-lshhad and filing of suit for pre emption was pre mature--Sale had yet not taken place at time when respondent performed Talb-e-Muwathibat--Appeal allowed.                                                                     [Pp. 71 73] A, C E Ref. 2010 SCMR 1770. Agreement to sell-- ----It is settled law that an agreement to sell does not create any title or claim over property--It also does not create ownership in land and, as such, a person in whose favour such an agreement is made cannot claim a decree of title on basis of incomplete sale consideration.                               [P. 71] B Khyber Pakhtunkhwa Pre-emption Act, 1987 (X of 1987)-- ----S. 2(d)--Sale--The word “Sale” has been defined in same terms as it usually encompasses-- In common parlance a transaction between buyer and seller in which seller sells intangible or tangible goods, assets, or services against money is known as a sale.                              …

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