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

Section: 3

N.-W. F. P. Pre-emption Act (XIV of 1950), S. 3 Property sold, principally a house but comprising insignificant portion used as shop-Whole house, including small portion used as shop, held, preemptible.   Date of hearing: 13th November 1964.   JUDGMENT   Mst. Amir Jan, widow, Gul Muhammad and Abdul Hakim, sons, and Sardar Begum, daughter of Muhammad Salim, of Peshawar City, owned House bearing No. 1190, situated in Mohallah Mawatian, Guzar Ganj, Peshawar City. Gul Muhammad and Abdul Hakim mortgaged this house, excluding a shop underneath, by a registered mortgage deed, dated the 31st of May 1951, (copy Exh. D. W. 1/2). Mst. Sardar Begum, their sister, by five unregistered mortgage deeds, dated the 27th of March 1952, (copies Exhs. D. W. 1/3 to D. W. 1/7) mortgaged a shop No. 1192, under her own house. Mst. Amir Jan, widow, Gul Muhammad and Abdul Hakim, sons, and Mst. Sardar Begum, daughter of Muhammad Salim, agreed to sell this house to Haji Muhammad Naim on the 31st of October 1953, (vide agreement copy Exh. D. W. 1/10). They executed the sale deed dated the 15th of February 1954, (copy Exh. D. W. 7/1), registered on the 20th of February 1954, by which they had ostensibly sold the house for Rs. 1,900 including the mortgage amount. The vendee redeemed the previous mortgage both from Gul Muhammad, Abdul Hakim, and Sardar Begum, by redemption deed, dated the 15th of February 1954, (copy Exhs. D. W. 1/1 and D. W. 8/1).   2. Mst. Amtur Rasul pre-empted the sale on the ground of contiguity. The vendee Haji Muhammad Naim resisted the suit inter alia on the ground of the suit being bad for partial pre-emption, as the house along with a shop, was sold and the sale was only pre-empted with respect to the house. He also denied the allegation of the plaintiff that the house was sold for Rs. 700 and an inflated price of Rs. 1,900 was entered in the sale deed, with a view to flout the pre-emption. The previous mortgage deeds were also assailed as being bogus and fictitious. The Civil Judge, who tried the suit, put the parties to the following issues:-   Whether the plaintiff has the requisite superior right of pre-emption?   Whether the…