Law:

Section:

Constitution-of Pakistan (1973)-----Art.185 (3)--N.W.F.P. Pre-emption Act (XIV of 1950), S.4--Right of pre-emption Concurrent findings of all courts below recorded after consideration of entire evidence brought on record, that no sale had taken place within period of limitation and that having taken place if at all after expiry of period of limitation, it could not be said to be in recognition of superior right of pre-emption of second vendee--Such sale could not stand in way of plaintiff-pre-emptor--No error of law as may require further examination of question present--Leave to appeal ,dismissed . K.G. Sabir, Advocate Supreme Court and M. Qasim Imam, Advocate­-on-Record (absent) for Petitioner. Nemo for Respondents. Date of hearing: 29th May, 1984. ORDER SHAFIUR RAHMAN, J.-- The petitioner an unsuccessful defendant-second vendee in a pre-emption suit seeks leave to appeal against the judgment of the Peshawar High Court dated 15-2-1984 whereby a revision petition filed by him against the judgment and decree of the two courts below was dismissed. Said Nauman was the mortgagee of the land measuring 1 Kanal caring Khasra No. 1826 in Village Naudah, Tehsil Swabi, District Mardan He sold the mortgagee rights on 29-1-1974 for a sum of Rs.6,000 to Haji Muhammad Yousaf represented as respondent by his legal representa­tives. Hussain Shah who is now represented by his legal representatives Sardar Said etc. respondent pre-empted the sale on 29-1-1974. One of the pleas taken up in defence by the successor-in-interest of Yousaf was that Yousaf had sold the mortgagee rights to the petitioner in recognition of his superior right of pre-emption. He had done so at first orally then by writing on 16-10-1974 followed by a decree of the civil Court dated 8-7-1975 and reflected by a mutation attested on 23-2-1976. The contest centered round this second sale and its affected on the rights of the plaintiff to pre-empt for, otherwise it was not disputed that the pre-emptor had a superior right against Yousaf the first vendee. The trial Court held as follows:- "The deed stands disapproved and nothing was brought to this court to establish that the deed was written on its actual date…

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