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

Section: 4, 22, 31, 12

Law: Transfer of Property Act (IV of 1882)

Section: 54

(a) N: W. F. P. Pre-emption Act (XIV of 1950) Ss. 4, 22 & 31 Lead with Transfer of Property Act (IV of 1882), S. 54-Pre-emption, right of---Arises only when sale completed-Sale completed when delivery of possession under sale made--Transfer of ownership--Effected immediately when alienation completed. Keeping in view the provisions of sections 4, 22 and 31 of the N.-W. F. P. Pre-emption Act and section 54 of the Transfer of Property Act the right of pre-emption arises in respect of the sale of agricultural land or village immovable property in respect of such land only when the sale has been completed, only the person entitled to a right of pre-emption may when the sale has bean completed bring a suit to enforce that right the sale is complete when delivery of possession under the sale takes place. The entries in mutation proceedings are acceptable as evidence of the entry of title in the revenue record. A transfer of ownership tales place immediately when the alienation is complete. Jangi v. Jhanda and others P L D 1961 B J 43 and Rahmat Shah and 2 others v. Sarwar and another P L D 1971 Pesh. 705 ref. (b) N. W. F. P. Pre-emption Act (XIV of 1950)  S. 31---Limitation-Period starts from date of attestation of sale (if any) by Revenue Officer, or from date of taking over by vendee of physical possession of any part of property, whichever be earlier---Sale of suit land completed on 23-1-1969, one of vendee, shown in cultivating possession of part of land in khasra girdawari in Kharif 1968-Possession of one co-sharer being possession of all co-sharers both brothers (vendees) deemed in possession since Kharif 1968-- Possession of two vendees being earlier than date of attestation of mutation, period of limitation, held, started from date of entry into possession by vendees and not from 22-2-1969, date of attestation by Revenue Officer-Pre-emption suit filed on 19-2-1970, in circum stances, held, barred by prescribed limitation period of one year --N.-W. F. P. Pre-emption Act (XIV of 1950, S. 12.           Date of hearing : 24th April 1974.                    …