Law:

Section:

  N.-W. F. P. Pre-emption Act (XIV of 1950), Ss. 17 & 16 --Pre-emption suit-Re-sale by vendee during pendency of suit to person possessing right equal to that of plaintiff---Re-sale deprives pre-emptor of his subsisting right of pre-emption as contemplated by S. 16-Device neither prohibited by S. 17 nor hit by doctrine of lis pendens---Transfer of Property Act (IV of 188.x), S. 52.   Fazal Karim v. Muhammad Karim A I R 1942 Pesh. 43 not approved.   Thakur Madho Singh and another v. Lt. James B. R. Skinner and another A I R 1941 Lab. 433 ; Mool Chand and others v. Ganga Lal and others A I R 1930 Lab. 356 ; Mustaqim Khan v. Abdullah Khan and others P L D 1951 Pesh. 1 ; Musali Khan v. Nazir Ahmad and others P L D 1952 Pesh. 1 and Bahrain Khan v. Sher Akbar and others P L D 1960 Pesh. 1 ref.   N.-W. F. P. Pre-emption Act (XIV of 1950), S. 17-Each pre-emptor sues on his own right-Pre-emptor, having equal or superior right to other, non-suited by disability created under S. 17-Disability so created does not operate against the other. JUDGMENT   Mst. Mehr Jan, widow of Jaffar, Mst. Hussan Zadgai, and Mst. Wazir Sultana, daughters of Akbar Khan, (defendants 1-3) of village Agra, were the owners of agricultural land measuring 18 kanals 3 marlas, out of 93 kanals 12 marlas, specified in the plaint, situated in the area of village Agra. They sold it to Abdul Hamid (defendant 4) by a sale-deed executed on 16-1-1954 and registered on 15th February 1954, (copy Exh. D. A.) ostensibly for Rs. 3,000. Abdul Malik plaintiff pre-empted the sale by instituting Suit No. 109 on the 1st of March 1954, in the Court of Sub-Judge, Charsadda. During the pendency of the suit, Abdul Hamid re-sold this land to his father Abdul Jabbar by a sale-deed dated the 13th of March 1954 and registered on the 20th of March 1954. (Exh. D. B.) for Rs. 3,000. In this sale-deed it is specifically mentioned that Abdul Jabbar was co-sharer in the khata of the land in suit and he was intending to pre-empt the sale in favour of Abdul Hamid, and the latter, in acknowledgement of the superior right of pre-emption of the former, had re-sold it to him. Fazal Nabi and Muhammad Nabi, the…