Law:

Section:

N.W. F. P. Pre emption Act (XIV of 1950)----- Ss. 12 & 16 read with N. W. F. P. Pre emption (Amendment) Act (VIII of 1972), S. 16, Explanation & S. 1(2) Pre emption Sale Sale made after period of limitation for pre emption suit and during pendency of suit of pre emptor Held, cannot affect right of pre emptor so as to defeat his suit. Such a sale which is made after period of limitation for a suit for pre emption, and during the pendency of a suit of a pre emptor, cannot affect the right of the said pre emptor so as to defeat his suit. The reason is that when the subsequent purchaser has allowed the period of limitation for instituting a suit for pre emption to expire and has lost the use of coercive, machinery of law for compelling the original vendee to surrender the property to him in recognition of his right of pre emption then any transfer made to him by the original vendee must be regarded as a voluntary transfer of such title as the original vendee himself acquired under the original sale so as to attract principle of lis pendens. In such a case the transfer has not the effect of substituting the subsequent transferee in place of the vendee in the original bargain. He cannot be regarded as anything other than a representative in interest of the original vendee, having no right to defend the suit except on the pleas that were open to such vendee himself and hence cannot plead his own equal or superior right of pre emption and defeat the plaintiff's right to pre empt. Sher Afzal Khan v. Haji Ghulam Mehbub and others P L D 1968 Sesh. 81; Abdul Majid Khan v. Shahzada Asif Jah P L D 1970 Pesh. 37; Mst. Sant Kaur v. Teja Singh and others A I R 1946 Lab. 142; Mool Chand and others v. Ganga Jal and others A I R 1930 Lab. 356; Wazir Ali Khan v. Zahir Ahmad Khan A I R 1949 E Pb. 193 and Munshi Mal v. Maghar Mal and others A I R 1921 Lab. 363 ref. ORDER KARAM ELAHEE CHAUHAN, J. The dispute in this case is about land measuring 3 kanals and 9 marlas situated in the revenue estate of Kalanjar, Tehsil Haripur, District Hazara. It was sold by Muhammad Swaleh etc. (vendors) to Jehandad, etc. (defendants/vendees) by mutation No. 2187 attested on 28 3 1961 for Rs.…

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