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

Section: 12 (2)

N.-W. F. P. Pre-emption Act (XIV of 1950) S. 12, cl. (2)-Pre-emption-Superiority of claim-Scope of cl. (2) of S. 12 of Act XIV of 1950-Cannot be extended to cover claim of any one having right of irrigation in same channel at a distant place from his land which also supplies water to a lakhti (water channel) which irrigates suit land-Lakhtis attain independent status at place of bifurcation and each one irrigates different fields-Lakhti irrigating plaintiff's land not irrigating suit land and a separate lakhti irrigating such land, plaintiff, held, could not assert his claim of superiority for purpose of pre-emption. Pir Ghulam v. Noor Zaman 1979 S C M R 360 ; Mughal Baz Khan v. Sher Afzal Khan, 1980 S C M R 692; Civil Revision No. 257 of 1957; Syed Haji Imambakhsh and others v. Mir Muhammad Ali Khan Haji Ali Murad Khan 223 I C 634 and K. S. Muhammad Akbar Khan v. Zaldullah Khan and another P L D 1954 Pesh. 99 ref. Date of hearing : 5th April, 1981.                                                                                                                                          JUDGMENT SHAH NAWAZ KHAN, J.-Land measuring 26 kanals and 8 marlas bearing Khasra Nos. 427. 428, 430, 431 and 432 situated in the limits of Shah Dand, District Peshawar was sold by Haji Ghulam Rabbani and Mst. Khadeja present respondents Nos. 4 and 5 to Aurangzeb etc. res pondents Nos. I to 3 vide mutation No. 2021 attested on. 7th December 1966 for an ostensible price of Rs. 32,969. Haji Abdur Rashid, plaintiff, predecessor-in-interest of the present appellants instituted a suit for pre-emption on the ground of co-sharership to the suit Khata and of his owning contiguous land and also because he is a participator in the amenities and appendages, and that he has a right of way, right of Pulla and Lakhti and also of his having the rights of…