| Citation(s) |
|---|
| 1980 SLG 2099 1980 SLD 2099 = 1980 PLD 87 |
Civil Revision No. 166 of 1979, decided on 29thSeptember, 1979.
Before Muhammad Khurshid Khan, J
Abdur Rehman Khan for Petitioner. Inamullah Khan for
Respondent No. 1. Nemo for
Respondent No. 2.
SHARIFULLAH-Petitioner
VERSUS
MUMTAZ AND ANOTHER-Respondents
Law: North-West Frontier Province Pre-emption Act, (XIV of 1950)
Section: 23 (4) , 23 (5)
JUDGMENT
This petition for Revision arises out of a suit for possession by pre- emption of agricultural land, situate in the area of Mahal Hero Shah. The land was sold by one Nauroz to Sharifullah by means of a sale deed dated 31-3-1978, for an ostensible sum of Rs. 3,500. The sale was pre-empted by Mumtaz Khan (respondent No. 1) who, on the 16th of July, 1978, instituted a suit for possession by pre-emption of the land in the Court of Civil Judge, Dargai. The plaintiff was required to deposit in Court a sum of Rs. 1,000 as pre-emption money before 22nd of July, 1978. He, however, failed to deposit the amount within the time so fixed. The Court, instead of passing an order of rejection of the plaint, passed an order of the dismissal of the suit on 22nd, July 1978.