Law: Transfer of Property Act (IV of 1882)

Section: 54 , 12 , 31 , 15

  Transfer of Property Act (IV of 1882)--- ----S. 54---Civil Procedure Code (V of 1908), S. 115---Sale of part of land in plaintiffs favour---Subsequent sale of land in defendants' favour including that part of land which had been earlier sold to plaintiff---Effect---Courts below had rightly held that subsequent sale in defendants' favour relating to that part which had earlier been sold to plaintiff was ineffective on the plaintiff's right. North-West Frontier Province Pre-emption Act (XIV of 1950)--- ----S. 12---Pre-emption suit ---Pre-emptor's claim based on his being co-sharer in property sold---Proof---Sale of land in column of cultivation or preparation of `Tatima' when sale was about a portion of hissadari possession was a temporary affair subject always to partition and adjustment of the right of recorded co sharers---Plaintiff on basis of such sale became a co-sharer in Khata and on that basis was entitled to the decree of pre-emption. North-West Frontier Province Pre-emption Act (XIV of 1950)--- ----S. 12---Civil Procedure Code (V of 1908), S. 115---Right of pre-emption on basis of contiguity---Land in question was contiguous to the Shamilat Deh wherein plaintiff claimed to be an owner ---Proof---Plaintiff in proof of his ownership in Shamilat Deb, placed on file, a list of owners of Shamlat prepared by Patwari, wherein he was shown to be an owner in Shamilat---Pedigree table showed plaintiffs father to be "Malik-e-Qabza" i.e. owner without the share of Shamilat---Plaintiff did not lead any other evidence to prove that in addition to the land which he inherited from his father   he had acquired some other land through purchase or otherwise with the share of Shamilat---List of owners of Shamilat had been prepared by the patwari from Revenue record while pedigree table being a copy of Settlement record, presumption of correctness was attached thereto---Appellate Court had erred in basing reliance on the list prepared by the patwari and in ignoring pedigree-table and inheritance mutation---Appellate Court's finding that plaintiff had got a superior right of pre-emption on basis of contiguity was reversed for…