Law: Civil Procedure Code (V of 1908)

Section: 115

Law: N.W.F.P. Pre-emption Act, (XIV of 1950)

Section: Order 41 Rule 22

In this petition moved under section 115, C.P.C. Mst. Amina and her husband Allah Ditta assail the judgment and decree passed by the Additional District Judge, Haripur on 15-4-1987 in Appeal No.42/13 of 1986 and that of the Civil Judge, Haripur dated 9-7-1986 whereby pre-emption Suit No.172/1 of 1984 filed by Haji Khan respondent was decreed against the petitioners.

2.  On the foot of Mutation No.6954 dated 22-3-1983 Ghulam Haider Khan s/o Khani Zaman Khan, a resident of village Bhiri Bandi sold an area of 8 Kanals 4 marlas of land comprised in fields Nos.2380 and 2424 to the petitioners for an ostensible price of Rs.50,000. Haji Khan respondent pre-empted this sale being participator in immunities, appendages and owner of the contiguous property.