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

Section: 17

(a) West Pakistan Land Reforms Regulation [Martial Law Regulation No. 64 (C. M. L. A.'s)], paras. 25(4) & 4(5) read with Notification No. A.S.R.-468/62/3939-LC, dated 16-7-62 published in Gazette of West Pakistan, dated 26-2-65-Exchange of whole or to part of area less than subsistence holding, made prior to publica tion of notification-Void-Order of Commission notified in official Gazette-Effective only front date of its publication in Gazette [Khan Sahib v. Nasim Khan and another P L D 1966 Pesh. 11 dissented from]. Khan Sahib v. Nasim Khan and another P L D 1966 Pesh. 11 dissented from. Nasim Khan v. Shah Said and others 1968 S C M R 971 ref. (b) Interpretation of statutes----Amendment-Prospective and not retrospective in operation in absence of specific intention to contrary. Maxwell on The Interpretation of Statutes, 11th Edn., p. 206 rel. (c) N.W. F. P. Pre-emption Act (XIV of 1950), S. 17 [as amended by N. W. F. P. Pre-emption (West Pakistan Amendment) Act (VI of 1967)]-Controversy which necessitated amendment of S. 17. Het Ram and another v. Dal Chand and others A I R 1933 Lah. 481 (2); Hayat Bakhsh v. Mansabdar Khan and others A I R 1935 Lah. 529; Sheikh Abdul Rahman and another v. Khan Sahib Haji Ras an4 another A I R 1937 Lah. 182; Pandit Harbhagwan Das v. Sardar Partab Singh and others A I R 1938 Lah. 242; Ghulam Muhammad and another v. Bagga and others P L D 1962 Lah. 693; Bahram Khan v. Sher Akbar and others P L -D 1960 Pesh. 1 ; Hans Nath and others v. Ragho Prasad Singh A I R 1932 P C 57; Babu Allah Bakhsh v. Hakim Muhammad Abdullah and others P L D 1961 Pesh. 92; Gul Shah v. Jamroz and others P L D 1962 Pesh. 34 and Abdul Malik v. Abdul Jabbar and others P L D 1963 Pesh. 105 ref. (d) N.W. F. P. Pre-emption Act (XIV of 1950), S. 17 [as amended by N.-W.F.P. Pre-eruption (West Pakistan Amendment) Act (VI of 1967)] -Object of amendment of S. 17-Added subsection (2) should have formed part of S. 16 and not S. 17-Misplacement of subsection (2), however, does not nullify its provision---Vendee defendant improving his status after institution of suit for pre-emption Improvement does not affect right of pre-emptor plaintiff-(Sher Afzal Khan v.…