Law:

Section:

North-West Frontier Province Pre-emption Act (XIV of 1950)-----S. 12--Suit for pre-emption- -Limitation--Fraudulent concealment of sale from pre- emptor--Mortgage executed with object of concealing real transaction of sale--Vendee put in possession in pursuance of mutation of mortgage--Mortgage subsequently declared by Court as transaction of sale--Suit for pre-emption --Limitation to commence from date of discovery of real transaction--Mortgage having been executed in favour of respondent with object of concealing fraudulently real transaction of sale from pre-emptor, suit, held, within time.--[Limitation]. A.Y. Ahmad Ali Sardar v. Nani Bala Mondal P L D 1970 Dacca 37; Mst. Zamrut v. Abdul Wahid P L D 1964 (W.P.) Pesh. 224; Jahana v. Sher Muhammad and others P L D 1961 Lah. 1042 and Ganesh v. Sadiq and another A I R 1937 Lah. 37 ref. Muhammad Shafiq, Advocate Supreme Court and Nur Ahmad Khan, Advocate-on-Record for Appellant. Abdul Samad Khan, Advocate Supreme Court and Qasim Imam, Advocate-on-Record for Respondent No. 1. Respondent No. 2: Ex parte. Date of hearing: 15th December, 1985. JUDGMENT MIAN BURHANUDDIN KHAN, J.--Facts arising out of this appeal are that Yunus Gul respondent No. 2 brother of the appellant, was occupancy tenant of one-third share in Khasra No. 8086-47A-475 in the area of village Hangu vide Mutation No. 8109, dated 10-2-1961 purported to be that of mortgage. Younus Gul transferred the area in favour of Qurban Ali respondent No. 1. On 24-2-1969 Qurban Ali brought a suit for declaration to the effect that the transaction vide Mutation No. 8109 was that of sale for Rs.1,500 and that mutation showing it as mortgage for Rs.1,000 has been wrongly effected and that as such, rectification of the revenue record was necessary. Yunus Gul contested the suit and during the proceedings his statement was recorded. He made an offer that if the plaintiff takes an oath on the Holy Quran that he had purchased the land for Rs.1,500 decree be granted to him. The plaintiff promptly accepted the offer and after taking oath, he was granted the decree. In consequence of the mutation in question was changed into that of a sale. Jabir Ali appellant filed a suit…

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