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

Section: 17(1)

Law: Transfer of Property Act (IV of 1882)

Section: 5

  N.-W. F. P. Pre-emption Act (XIV of 1950), S. 17---Word "transferred"---Getting land on basis of a pre-emption decree in a pre-emption suit---Does not amount to "transfer"-Transfer of Pro perty Act (IV of 1882), S, 5. A mere perusal of the definition of "transfer" given in section 5 of the Transfer of Property Act, 1882 shows that the conveyance must be brought about by the act of a person conveying the property and not in any other way. In this view of the matter the decree in a pre-emption suit cannot be called the act of a person conveying property and, therefore, getting of land on the basis of a pre-emption decree Is not a transfer under section 17(1) of the N.-W. F. P. Pre-emption Act, 1950. Dates of hearing : 17th August, 27th November 1972; 19th March and 23rd April 1973.   JUDGMENT According to the Jamabandi 1955-56 of village Balakot of the Mansehra Tahsil, Hayat Khan was the owner of Khasra No. 1051, measuring 2 kanals 15 marlas and Khasra No. 3320/1013 measuring 19 marlas. He died in 1957 and vide Mutation No. 2237, attested on 25-1-195 his property was mutated In the names of his heirs according to Muhammadan Law as follows:-   Mst. Zuhra widow = 11/88 Ali Mardan, All Gohar, Abdul Qadoos, and Abdur Rehman (Sons) =14/88 each Mst. Basrl. Mst. Khan Sahiba and Mst. Gul Sahiba (Daughters) =7/88 each It appears that some of the heirs of Hayat Khan sold portions of Khasra No. 3320/1013 but the details of these sales are not available on file. However, according to the jamabandi of 1959-60 with which we are concerned in this case the aforesaid heirs of Hayat Khan are shown as owners of Khasra No. 1051 in the shares mentioned above. The ownership of Khasra No. 3320/1013 is however shown as follows:-   Khalid Mahmood = 572/836 shares Abdur Rehman son of Hayat = 333/836 shares Ali Mardan, Ali Gohar, Abdul Qadoos and their 3 sisters =131/836 shares 2. On the basis of a registered deed dated 27-4-1964. Abdur Rehman sold 6 marlas of land out of the aforesaid Khasra Nos. to Muhammad Zaman for Rs. 2,000. It was mentioned in the sale deed that he was owner of 6/19 share of the two Khasra Nos. which amounted to 6…