Law:

Section:

N.-W. F. P. Pre-emption Act (XIV of 1950)Ss. 4 & 17-Pre-emption-Collusion--Transaction between first and second vendees made earlier than institution of suit by plaintiff-petitioner-Contention as to there having been an intention to defeat petitioner by collusion between vendees, held, not tenable. ORDER MIAN BURHANUDDIN KHAN, J.-Leave is sought against the judgment of the Peshawar High Court dated 17-11-1979 whereby revision petition filed by the petitioner was dismissed in limine. 2. The petitioner instituted a suit for pre-emption in respect of agricultural land measuring 28 kanals 1 marls consisting of five Khasra Nos. 312, 314, 356, 304 and 305 situated in village Jallarian, Tehsil and District Peshawar, sold by Abdul Latif vendor to respondents Nos. 1 to 3 on the basis of Mutation No. 1518 attested on 26-3-1976 on the ground of preferential right of pre-emption. Respondents Nos. 1 to 3 vendees transferred the same land to Haji Taj Muhammad respondent No. 4 in recognition of his superior right of pre-emption. The suit…

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