Law:

Section:

N.W. F. P. Pre emption Act (XIV of 1950) ---- S. 27 (c) Market value of land Price or value actually received by vendor An important factor to be kept in view Evidence by Sub Registrar that transfer of money took place in his view and presence not rebutted Held. Courts below were justified in accepting sale price proved to have been actually paid to vendor Courts below not shown to have violated any principle of law in recording finding on subject No misreading or omission of record shown Held, Orders of Courts below perfectly in accordance with law and facts of case and call for no interference. ORDER KARAM ELAHEE CHAUHAN. J. The dispute in this case is about land measuring 31 kanals and 7 ntarlas situated in Village Kunda, Tehsil Swabi, district Mardan. It was purchased by Haji Aslam Khan deceased/ respondent (who is now represented by his legal representatives) by a registered sale deed dated 22nd October 1976 at a price of Rs. 31,350. The present petitioners/plaintiffs filed a suit to pre empt the above transaction. The suit was decreed on 14th July 1977 by the learned Civil Judge on payment of Rs. 31,350. 2. The plaintiffs/petitioners filled an appeal in which they challenged the price fixed by the trial Court because according to them this was a fictitious amount which was never paid by the vendee and the and was not worth more than Rs. 10,000. The appeal did not succeed and was dismissed by the learned Additional District Judge, Mardan, on 17th March, 1979. 3. The plaintiffs then filed a regular second appeal but without any success as the same was dismissed by the Peshawar High Court on 30th June 1979. The plaintiffs/petitioners have come up in a petition for special leave to appeal against the same to this Court, praying that the price of the land should be fixed as Rs. 19,719. 4. The only point which was argued before us was that the Courts below were not justified in fixing the price of land at Rs. 31,350. Learned counsel argued that according to the aunt panjsala prepared by the Patwari, the land was worth only Rs. 19,719. He also submitted that feeling the disparity between the quinquennial average price aforesaid and the one mentioned in the sale…

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