Law:

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Constitution of Pakistan (1973)-----Art. 185(3)--N.W.F.P. Pre-emption Act (XIV of 1950), Ss.16 & ­17(1)--Suit for possession through pre-emption- -Suit land transferred by purchaser prior to institution of suit to person having equal right of pre-emption with pre-emptor-- Revision dismissed by High Court-­Reliance placed on a decision of Supreme Court misplaced--Leave to appeal granted to examine legal question of general importance as to interpretation of S.17(1) of N.W.F.P. Pre-emption Act on which there was no pronouncement of Supreme Court. Ikramullah and others v. Said Jamal 1980 SCMR 375 ref. Fida Muhammad Khan, Advocate Supreme Court for Petitioners. Ghulam Dastgir, Advocate-on-Record for Respondents. Date of hearing: 16th February, 1985. ORDER ZAFFAR HUSSAIN MIRZA, J.-- The dispute in this case relates to 1/3rd share in agricultural land comprising Khasras Nos. 524, 526 and 527 admeasuring 42 Kanals 13 Marlas situate in the area of village. Mamral, Tehsil Haripur, District Abbottabad. This land was owned and possessed by three co-sharers in equal shares, namely, Lal son of Gulab, Gulab son of Niaz Ali and Sher Zaman the predecessor-in-interest of the petitioners. By virtue of Mutation No.261, dated 5-8-1978 in consideration of Rs.11,000, Lai sold his 1/3rd share in favour of Gulab, The latter in turn sold the same land by means of Mutation No.305 attested on 28-7-1979 to Sher Zaman who as already stated, was a co-sharer to the extent of 1/3rd in the land. 2. On 1-9-1979, Abdul. Karim respondent No. 1 herein instituted a suit for possession through pre-emption against Gulab the first vendee, on the ground of co-ownership, contiguity and participation in immunities. Subsequently Sher Zaman was also impleaded as co-defendant in the suit. Gulab and Sher Zaman contested the suit and the trial Court rejecting the defence set up decreed the suit on 3-6-1981. On appeal, however, the learned Additional District Judge, Haripur, having found that as the second sale had been completed on 28-7-1979, after lapse of one year from the previous sale, affirmed the finding of the trial Court and dismissed the appeal on 20-8-1983. 3. The petitioners representing the…

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