Law:

Section:

N.-W. F. P. Pre-emption Act (X IV of 1950)---S. 12--Pre-emption, right of-Petitioner unable to establish his right of pre-emption on grounds of contiguity or participation in amenities-­Petition for leave to appeal dismissed. Ghulam Muhammad and 3 others v. Khushi Muhammad and another P L D 1973 S C 444 and Malik Hussain and others v. Lala Ram Chand and others P L D 1970 S C 299 distinguished. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--A plaintiff has through this petition sought leave from the judgment dated 20th December 1978, passed in revisional jurisdiction by the Peshawar High Court, whereby the dismissal of his suit for pre-emption regarding a house was affirmed. Mohsin Shah the vendor sold the suit property to Sikandar Khan respondent in September 1971. The petitioner served a notice on Sikandar on 9-5-1972 whereby he asserted his right to pre-empt the sale. Sikandar did not accept the claim. The petitioner filed the suit for pre-emption on 18-5-1972 on the grounds that he owned house/s contiguous to the suit house and also that he was participating in amenities which were common to both the houses. On the next day Muhammad Hussain respon­dent, father of Sikandar filed another suit to pre-empt the same sale on the ground that he was co-sharer in the suit property and that although the sale was of only half of the house, it was fraudulently represented to be of the whole house. A compromise took place in the second suit as a result of which a decree for possession through pre-emption was passed in favour of Muhammad Hussain. On coming to know of this development the petitiottor amended his plaint and impleaded Muhammad Hussain as a defendant on 27-6-1972. After contest mainly between the petitioner on the one side and Sikandar vendee and his father on the other, the learned trial Court dismissed the petitioner's suit on the finding that Muhammad Hussain was in fact the owner of half of the house when the sale by Mohsin Shah in favour of Sikandar took place in 1971. Muhammad Hussain's plea was that the sale in favour of Sikandar which was subject-­matter of suit for pre-emption was of half of the house. On petitioner's appeal, which was dismissed by a learned…

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