Law:

Section: 5(C)

  North-West Frontier Province Pre-emption Act (XIV of 1930)--S. 5 (c)-"Measuring more than one kanal"-Qualify both "house" and "vacant site"-.Owner of house less than one kanal in area purchasing land less than two kanals-Entitled to benefit of exemption.   The words measuring "more than one kanal" towards the end of clause (c) of section 5 of the North-West Frontier Province Pre-emption Act, 1950 qualify both "house" and "vacant site", as the words "more than two kanals" qualify the words "agricultural land" and "village immovable property" (i.e. a house). The plan is that a person who owns no house at all and intends to build one, should have the liberty of building a house on an area of two kanals. Similarly a person who owns a house or a vacant site but its area is less than one kanal, should also have the concession of building another house on an area of two kanals if the area of his previous house is less than one kanal. A house standing on an area of less than one kanal is not considered fit for human habitation, and the owner of such a house has been encouraged to build another house or an area of two kanals. The Legislature, therefore, gives to the owner of a house of less than one kanal in area permission to purchase without fear of pre emption, another house on an area of two kanals.   Ahmad Yar for Petitioner.   Abdur Rashid and Muhammad Jamshaid for Respondent.   Dates of hearing: 17th October 1960and 24th November 1960.   JUDGMENT   By a registered sale deed dated 26th April 1954, one Nur Ahmad sold an area of four marlas, situated in village Gujar Garhi, to Usmanuddin, and this sale was pre-empted by Mst. Shahzadgai on the ground that she was a co-sharer in the property sold. In defence, Usmanuddin vendee pleaded that the sale was exempt from pre-emption under section 5 (c) of the North West Frontier Province Pre-emption Act, 1950, because the land was purchased for the purpose of constructing a residential house. The trial Judge, holding the sale to be exempt from pre-emption, dismissed the suit on the 23rd of February…