| Citation(s) |
|---|
| 1980 SLG 2101 1980 SLD 2101 = 1980 PLD 99 |
Regular Second Appeal No. 27 of 1975, decided on 8thSeptember, 1979.
Before Shah Abdul Rashid. J
Sardar Bahadur Khan for Appellant. Khawaja Abdur Rashid for
Respondents.
SHER AFZAL KHAN--Appellant
VERSUS
FIDA HUSSAIN SHAH Etc.-Respondents
Law: N.W.F.P. Pre-emption Act, (XIV of 1950)
Section: 7 (2)
JUDGMENT
Respondent No. 1, Sher Afzal Khan, who was the plaintiff in the suit, out of which this second appeal arises purchased field Nos. 2265, 1571, 2238 and 2248 measuring 58 kanals, 17 marlas and 3/4th share out of field No. 2773 measuring 11 kanals, 13 marlas and 1/3rd share out of field No. 1570 measuring 17 kanals, 7 marlas from one Syed Jafar Hussain Rizvi for a sum of Rs. 18,000 on the basis of Mutation No. 3332 attested on 4-91971. This land is situate in village Bakka of Haripur Tehsil. Before the expiry of the period of limitation for the enforcement of tight of pre emption provided for in section 31 of the N.-W. F. P. Pre-emption Act, 1950, respondent No. I transferred the entire area purchased by him from Syed Jaffar Hussain Rizvi, either by way of exchange or by sale, in the names of Taj Muhammad Khan, defendant-respondent No. 2, Waris Khan, defendant respondent No. 3, Baloor Khan, defendant-respondent No. 4 and Mst. Zohara Bibi, defendant-respondent No. 5. The last transaction took place on 24-4-1972.