| Citation(s) |
|---|
| 1983 SLG 652 1983 SLD 652 = 1983 PLD 129 |
Peshawar High Court
Civil Revision No. 87/1) of 1978, decided on 20th March, 1983.
Before Nazir Ahmad Bhatti, J
Saadullah Khan Miankhel for Petitioner. Muhammad Iqbal Khan Kundi for
Respondents. Date of hearing : 20th March, 1983.
Civil Revision No. 87/1) of 1978, decided on 20th March, 1983.
Before Nazir Ahmad Bhatti, J
Saadullah Khan Miankhel for Petitioner. Muhammad Iqbal Khan Kundi for
Respondents. Date of hearing : 20th March, 1983.
INAYATULLAH KHAN---Petitioner
VERSUS
MUKARAB KHAN AND ANOTHER---Respondents
Law: N.W.F.P. Pre-emption Act, (XIV of 1950)
Section: 12
(a) N.- W. F. P. Pre-emption Act (XIV of 1950)---
---S. 12-Pre-emption, superior right of---Plaintiff owner of land contiguous to suit land and defendants not possessing any such right-A (defendant No. 1) neither mentioned as a tenant in his written statement nor shown in revenue record as holding possession of suit land as a tenant-Holding him as tenant without documentary or oral evidence, held, erroneous--B (defendant No. 2) purchasing suit land from A (defendant No. 1) for construction of houses also having no pre-emption right superior to that of plaintiff-Finding on issue of superior right of pre-emption against plaintiff set aside.