Law:

Section:

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, dated the 13th June 1969, in S. A. O. No. 60 of 1964).   North-West Frontier Province Pre-emption Act (XIV of 1950) read with North-West Frontier Province (Increase of Area and Alteration of Boundary) Order, 1953, (G. G.'s Order No. VII of 1953), S. 6-No notification issued under S. 6 of G. G.'s Order VII of 1953 extending operation of N.-W. F. P. Pre-emption Act, 1950 to Gadoon, added area of Mardan District-Decision of High Court that N.-W. F. P. Pre-emption Act, 1950 did not apply to Gadoon area, held, unexceptionable. Date of hearing : 25th March 1970. JUDGMENT HAMOODUR RAHMAN, C. J.-The dispute in this case relates to the right to pre-empt the sale of certain lands of village Takel in the Gadoon Area of Mardan District. This land was sold to respondent Mian Gul. The petitioner Khaista Gul first preferred a claim under section 8 of the Frontier Crimes Regulation for the pre-emption of these lands. This claim was decreed by the Assistant Commissioner, Swabi but when the matter came up for confirmation before the Commissioner he remanded the case back with the direction that such a claim in respect of the area in dispute should be referred to the civil Court. The petitioner then filed a suit for pre-emption in the civil Court on the 4th September 1962. The trial Court came to the conclusion that it had jurisdiction to try the suit and decreed it. On appeal, however, the District Judge, reversed the decision of the trial Court on the ground that neither the North-West Frontier Province Pre-emption Act nor the Code of Civil Procedure had been extended to the Gadoon Area under section 6 of the North-West Frontier Province (Increase of Area and Alteration of Boundary) Order, 1953, hereinafter referred to as the Governor-General's Order No. VII of 1953. The matter came up in second appeal before the High Court but a learned Single Judge referred the matter to a larger Bench after formulating the following question: "Whether the Central Laws and Provincial Laws, including the North-West Frontier Province Pre-emption Act have been extended or deemed to…