Law:

Section:

N. W. F. P. Pro emption Act (XIV of 1950)---S. 12 read with Constitution of Pakistan (1973), Art. 185(3) Pre emption in Leave to appeal Plea regarding participation in common amenities having not been pressed to its logical conclusion before any of courts below not permitted to be raised before Supreme Court ¬Similarly plea as to plaintiff's land falling on thoroughfare not having been pressed earlier. not allowed to be raised Land purchased by appellant being not contiguous to respondents land on account of another intervening property, plaintiff's suit with regard to respondents' land, held, must fail. JUDGMENT MUHAMMAD AFZAL ZULLAH, J. These two Appeals (C. A. 67,1 / 8 and 68/78) in which leave was granted arise out of the judgment of the Peshawar High Court dated 11 1 1978 ; whereby a regular second appeal, arising out of a pre emption matter, filed from the respondents' side, was allowed while a similar appeal filed by the appellant in the same case, was dismissed. The appellant was purchaser of Khasra Nos. 164, 165, 166 and 168. A pre emption suit was filed by the respondents' side on the basis of contiguity of the land under sale with Khasra No. 163, belonging to the plaintiff. The learned trial Judge dismissed the suit on the ground that Khasra No. 168 was a totally different property; because it was separated from the remaining Khasra Numbers by an intervening Khasra No. 167, which belonged to the District Board as a thoroughfare ; and as the plaintiff could not succeed regarding Khasra No. 168, therefore, he could not succeed regarding Khasra Nos. 164, 165 and 166 because by his success regarding Khasra No. 168, the vendee had become co sharer in the land on the basis of which he would defeat the claim of pre emption. On first appeal filed by the plaintiff's side, the learned District Judge held that the plaintiff had superior right regarding Khasra Nos. 164, 165 and 166, on ground of contiguity with his Khasra No. 163 ; but Khasra No. 168 being a total separate property, he could not pre empt the sale regarding that Khasra Number. Accordingly the preemptor's appeal was partly allowed regarding Khasra Nos. 164, 165 and 166 but was dismissed with…

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