Law: North West Frontier Province Preemption Act, (X of 1987)

Section: 20

North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 20---Pre-emption suit between one pre-emptor and two vendees---Such three parties found by Trial Court to be having equal right of pre­emption---Effect---Under principle of per capita share, such three parties became entitled to share suit land equally to the extent of 1/3rd share each---Principles. Muhammad Tariq v. Asif Javed 2009 SCMR 240 ref. Khan Gul Khan and others v. Daraz Khan 2010 SCMR 539 rel. JUDGMENT MUHAMMAD SAFDAR KHAN SIKANDRI, J---The instant civil revision is directed against the judgment and decree dated 1-7-2005 passed by learned Additional District Judge-II, Lakki Marwat whereby the appeal filed by respondents against the judgment and decree dated 4-3-2005 passed by Civil Judge-V, Lakki Marwat was accepted and judgment and-decree of the learned trial Court was modified. 2. The brief background giving rise to the instant revision petition is that one Muhammad Nawaz sold an area measuring 5 kanals, 3 marlas in village Masti Khel, District Lakki Marwat to respondents Gul Badshah and Sherin Jan through Mutation No.503 dated 24-12-2001 on payment of Rs.5300. It was averred in the plaint that plaintiff petitioner came to know about the suit transaction on Thursday, the 31st day of January, 2002 at 4-00 p.m. in his Baithak through Abdul Rehman and he immediately performed Talb-e-Muwathibat there and then and on 2-2-2002 sent two notices of Talb-e-Ishhad to the defendants-respondents independently. 3. The defendants-respondents were summoned by the learned trial Court who appeared and submitted their written statement. Out of the divergent pleadings of the parties, the learned trial Court framed as many as 8 issues including the relief. The parties produced pro and contra evidence in support of their respective claims and the learned trial Court after hearing the arguments of learned counsel for the parties, decreed the suit of plaintiff petitioner to the extent of two kanals 11-1/2 marlas on payment of Rs.2,650 in favour of pre-emptor (now petitioner) vide judgment dated 4-3-2005. 4. Dissatisfied with the impugned judgment and decree of the trial Court, the defendants, respondents…

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