| Citation(s) |
|---|
| 1979 SLG 425 1979 SLD 425 1979 PLD 867 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. 105 P, 106 P and 107 P of 1978, decided & hearing on 13-05-1979. (On appeal from the judgments and orders of the Peshawar High Court, Dated 2nd July 1978, in C. R. Nos. 320, 321 and 322 of 1974).
G. SAFDAR SHAH, JUSTICE KARAM ELAHEE CHAUHAN, JUSTICE
Jalalud Din Khan, Advocate Supreme Court and S. Safdar Hussalr4 Advocate on Record for Petitioner. Nemo for
Respondent.
Civil Petitions for Special Leave to Appeal Nos. 105 P, 106 P and 107 P of 1978, decided & hearing on 13-05-1979. (On appeal from the judgments and orders of the Peshawar High Court, Dated 2nd July 1978, in C. R. Nos. 320, 321 and 322 of 1974).
G. SAFDAR SHAH, JUSTICE KARAM ELAHEE CHAUHAN, JUSTICE
Jalalud Din Khan, Advocate Supreme Court and S. Safdar Hussalr4 Advocate on Record for Petitioner. Nemo for
Respondent.
ABDUL QAYUM
VS
MUHAMMAD ASLAM
Law: N.W.F.P. Pre-emption Act, (XIV of 1950)
Section: 6,12
N. W. F. P. Pre emption Act (XIV of 1950) Ss: 6 & 12 Pre emption Contiguity of land Sale of a parcel of land comprised in more than one Khasra numbers Not sale of as many properties as there are field numbers but of only one property represented by such parcel of land Person in order to pre empt sale of a block of land comprised in different Khasra number Not required to have his property contiguous to all Khasra numbers¬--Person having his property contiguous to any part of block or parcel of land, notwithstanding its being comprised in a number of Khasras, herd, entitled to pre empt entire land. Said Karim Shah v. Taj Muhammad P L D 1974 S C 383 and Muhammad Yusaf v. Sikandar P L D 1970 Pesh. 160 ref. THIS ORDER PASSED BY: KARAM ELAHEE CHAUHAN, J. €“ Abdur Rehman (hereinafter called the vendor) sold the suit land by means of three mutations namely 3596 and 3597 both attested on 3 3 1971 and 3637 attested on 15 7 1971 for the three lots of lands respectively mentioned therein to Abdul Qayum (defendant/petitioner). Muhammad Aslam (hereinafter called the plaintiff/pre emptor) filed three suits to pre empt the aforesaid sales which were consolidated and decided by the learned Civil Judge, Abbottabad, by a common judgment dated 13 2 1973 whereby all the suits were decreed except with regard to a field bearing No. 488, a part of which fell in each suit. 2. Against the aforesaid judgments and decrees three appeals were filed (one in each suit) by the defendant/petitioner, and a similar number of appeals were accordingly filed by the plaintiff. The defendant/petitioner prayed for dismissal of all the suits whereas the plaintiff prayed for decree for Khasra No. 488 a portion of which as mentioned earlier was involved in all the suits. The learned District Judge accepted the appeals of the defendant/ vendee and rejected the appeals of the plaintiff and dismissed all the suits on 11 3 1974. 3. The plaintiff then filed three revision petitions in the High Court being Civil Revisions Nos. 320/74, 321/74 and 322/74. All these revision petitions were accepted by a learned Single Judge of the Peshawar High Court by his judgment and order dated 2 7 1978 whereby he set…
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