Law: Constitution of Pakistan, 1973

Section: 185(2)(d)

Law: Code Of Civil Procedure, 1908.

Section: VII,115

Law: Khyber Pakhtunkhwa Pre-emption Act, (X of 1987)

Section: 24,27(1),27(2),28

Case Summary A pre-emption suit was filed by the appellant, but the Trial Court rejected the plaint for non-deposit of 1/3rd sale consideration under Section 24. The Appellate Court restored the suit, but the High Court reversed it in revision under Section 115 CPC. The Supreme Court held the High Court's intervention unjustified, as the Appellate Court acted lawfully, and emphasized that pre-emption price defaults to genuine sale consideration unless proved fictitious, with heavy burden on claimant for market value plea. Core Points Trial sequence: Plaint rejected (14.02.2020), restored on appeal (25.03.2021), reversed by High Court (23.02.2022). Key dispute: Deposit based on mutation-recorded sale price; appellant claimed lower market value, but bona fide transaction price governs unless mala fide proven. Supreme Court ruling: High Court exceeded revisional jurisdiction; remanded to Trial Court for trial within 3 months, allowing issues/evidence on price genuineness. Burden on pre-emptor: Must prove exaggerated value to defeat pre-emption; seller entitled to actual paid price if genuine. Precedent reliance: Sections 24 (deposit), 27 (price fixation), 28; cases like Zilla Muhammad, Allah Bakhsh, Wasal Khan affirm sale price primacy.   Laws and Sections Law/Act Section Key Provision Constitution of Pakistan 185(2)(d) Appeal as of right against High Court judgment.- Code of Civil Procedure, 1908 Order VII Rule 11 Grounds for plaint rejection, invoked for non-deposit.- Code of Civil Procedure, 1908 115 Revisional jurisdiction of High Court, limited; no interference if Appellate Court lawful.- Khyber Pakhtunkhwa Pre-emption Act, 1987 24 Plaintiff must deposit 1/3rd sale consideration (or probable value); non-compliance leads to dismissal; use "sale consideration" terminology. Khyber Pakhtunkhwa Pre-emption Act, 1987 27(1) If sale price not fixed/paid in good faith, Court fixes market value as pre-emption price. Khyber Pakhtunkhwa Pre-emption Act, 1987 27(2) If price genuine and in good faith, pre-emptor pays that sale price.- Khyber Pakhtunkhwa Pre-emption Act, 1987 28 Supports price determination tied to genuine transaction- JUDGMENT Muhammad…