| Citation(s) |
|---|
| 1982 SLG 967 1982 SLD 967 = 1982 PLD 120 |
Regular Second Appeal No. 46 of 1979, decided on 17th June, 1981.
Before Allah Bakhsh Khan, J
Sh. Wazir Muhammad for Appellant. Mahfooz Khan for
Respondent.
Haji ABDUR RASHID-Appellant
VERSUS
MUHAMMAD RAFIQ-Respondent
Law: N.W.F.P. Pre-emption Act, (XIV of 1950)
Section: 5(a)
JUDGMENT
Abdur Rashid purchased per registered deed dated 26th April 1973 some immovable property for a sum of Rs. 14,400. Muhammad Rafiq pre-empted the sale and claimed a superior right of pre-emption on the ground of co-sharership, participation in immunities and appendages besides owner ship of the contiguous property. The vendee denied the superiority of the pre-emptor's right and inter alia averred that the sale was exempt from pre emption. The suit was decreed on payment of Rs. 14,400 by Civil Judge, Peshawar on 19-I1-1976. Abdur Rashid preferred an appeal but the same was dismissed by Additional District Judge, Peshawar on 18-4-1979. Aggrieved from the judgment and decree Abdur Rashid has come on second appeal.