Law: Evidence Act, (1 of 1872)

Section:

Law: North-West Frontier Province Pre-emption Act, (XIV of 1950)

Section:

  Evidence Act (I of 1872)---Ss. 11, 13, 32 (3) & 157-Pre-emption-Suit for possession-Sale-deed in favour of vendee showing house of plaintiff contiguous to house in dispute Plaintiff also deposing to same fact but not producing any title deed in support of his assertion-No evidence in rebuttal- Plaintiff's assertion, held, proved.   N.-W. F. Province Pre-emption Act (XIV of 1950)---S. 12-- Participator in appendage of right to discharge water-Has precedence over owner of contiguous property.   A participator in the appendage of the right to discharge water has precedence over the owner of contiguous property under part secondly of section 12 of the North-West Frontier Province Pre-emption Act, 1950. Vicinage which is part thirdly of that section ranks below participation of appendages.   Participators in the appendages of the right to discharge water are all those persons who discharge their water through a common drain, irrespective of the fact on whose property the drain stands. Each of the two participators has a right of pre-emption against the property of the other, the owner of the servient tenement has such right against the dominant tenement, and the owner of the dominant tenement against the servient tenement. The plaintiff as owner of servient tenement has a right of pre emption against pre-empted house.   The law of Pre-emption has its origin in the rules of Muhammadan Law. In amending the North-West Froniter Province Pre-emption Act of 1950 the main object was to bring the grounds of pre-emption in the Act into conformity with the grounds of pre-emption recognized by Muhammadan Law, and the three grounds mentioned in section 12 are the three grounds on which Muhammadan Law permits pre-emption.   These are the three classes of pre-emptors and they have been described as shaft-ul-shareek, a co-sharer, shaft-ul-khuteet, a participator in appendage, and shaft-ul jar, a neighbour.   The right of pre-emption has foundation in section 12 of the North-West Frontier Province Pre-emption Act. Part secondly of this section confers that right upon the participator in the appendage of the right to discharge water. In…