Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 185(3)-N.-W. F. P. Pre-emption Act (XIV of 1950), S. 12High Court basing its on two earlier decisions of its own-Such two decisions under appeal in Supreme Court wherein leave to appeal had already been granted-Leave to appeal granted to examine of High Court which was based on its two earlier decisions. (b) Constitution of Pakistan (1973) -- Art. 185(3) - N.-W. F. P. Pre-emption Act (XIV of 1950), Ss. 12 & 7(2)-High Court failing to take notice of notification by which right of pre-emption taken away with regard to properties within municipal limits and was made to apply to all suits and appeals pending on date of such notification-Leave to appeal against of High Court in such a case granted. (c) N.-W. F. P. Pre-emption Act (XIV of 1950) -- S. 12-Vendee having improved his position during pendency of suit, held, could not defeat superior right of plaintiff. Abdul Majid Khan v. Shahzada Asif Jan P L D 1970 Pesh. 37 and Muhammad Shuja and 4 others v. Sher Afzal Khan and others P L D 1979 Pesh. 136 approved. (d) N: W. F, P. Pre-emption Act (XIV of 1950) S. 7(2)-Notification No. 21948, dated 16-12-1972 by Board of Revenue issued with purpose of rescinding Notification No. 12703/ M/79/Rev, dated 16-8-1972. (e) N.-W. F P. Pre-emption Act (XIV of 1950) Ss. 12 & 7(2)-Notification No. 12703/M/79/Rev, dated 16-8-1972 taking away right of pre-emption with regard to properties within municipal limits of Peshawar City and was made to apply to all suits and appeals pending on date of such notification-Notification rescinded by another Notification No. 21948, dated 16-12-1972-No indication in first notification either express or by implication that suits and appeals pending or instituted in said municipal area limits after issuance of said notification were to abate forthwith-Appeal, filed by pre-emptor which was pending in High Court, therefore, could not be said to have abated merely on issuance of such notification-Right of appeal could come to an end only if vendee had obtained an order from Court to that effect during period that said notification was in force (between 16-8-1972 and 16-12-1972)High Court, therefore,…

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