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

Section:

Law: Civil Procedure Code (V of 1908)

Section:

N.-W. F. P. Pre-emption Act (XIV of 1950)-Act not applicable to Gadoon area, added to Mardan District- Civil Proce dure Code (V of 1908) however applicable-Civil Court has jurisdiction to try suit, for declaration of tide-Governor-General :s Order No. VII of 1953. Date of hearing : 21st January 1970                                                                                                                                           JUDGMENT Khaista Gul Plaintiff sued Mian Gul on 44"A62 for a declara tion to the effect that he is the cc-owner of the suit land situate in the area of village Takil, Ilaqa Gadoon, District Mardan with Khan Sher from whom the defendant purchased the right of redemption. In the alternative, he also sued for pre-emption through redemption of the suit land on payment of Rs. 4,250 as mortgage money. 2. The pleas of the parties gave rise to the following Issues :- (1) Whether the plaintiff is the owner of the suit land on the basis of the pre-emption decree passed by the A. C. Court? (2) In case issue No. I is not proved, whether the plaintiff has got superior right of pre-emption? (3) Whether the suit for pre-emption is within time? (4) Whether Pre-emption Act has no application in Gadoon area ? (5) Whether this Court has no jurisdiction to try the suit? (6) Whether the valuation of the suit for purposes of court fee is correct? (7) Relief. 3. The learned trial Civil Judge, Swabi by his judgment dated 11-12-1962 decided issue No. 1 against the plaintiff, issue No. 2 in favour of the plaintiff, and on issue No. 3 he observed :- "That whenever Gadoon was made a part of the Mardan District became subject to the ordinary laws of the District and former N.-W. F. P. The provision of notification is only a way expressed for enforcing in plaintiff's favour." He decided issues Nos. 4…