Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--North-West Frontier Province Pre-emption Act (XIV of 1950), S.12--Pre-emption--Joint Khatedar--Right of possession by pre-emption--Waiver of--Petitioners purchasing land through registered sale-deed--Respondent being joint Khatedar, filing suit for possession through pre-emption--Plea that respondent having demanded/ received mortgage amount on land in dispute before delivering mortgage deed and possession of land, had waived his right of pre-emption, repelled-­Petitioners failing to produce any cogent evidence to show acquiescence on part of respondent--Fact that mortgage amount was received by respondent after sale would also show that he had not waived his right of pre-emption. Imam Din v. Jalal and another A I R 1922 Lah. 42 and Gangs. Singh and another v. Jhandasingh and another A I R (35) 1948 Lah. 5 rel. Munir Ahmad Bhatti, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Shah Badshah, Advocate Supreme Court and Jan Muhammad Khan, Advocate-on-Record (absent) for Respondent. Date of hearing: 21st January, 1986. ORDER MIAN BUNHANUDDIN KHAN, J.--Petitioners Nos.3 to 17 entered into an agreement to sell land measuring 8 Kanals and 7 Marlas to respondents Nos.1 and 2. The said agreement was registered on 3-9-1965. On 11-11-1965 the respondent issued a notice to Dr. Abdul Karim Khan father of petitioners Nos.3 and 4 saying that the land is subject-matter of a charge of Rs.2,000 as mortgage money and if the petitioners (purchasers) wanted to purchase the land then they would do so after having paid Rs.2,000 to the respondent and for obtaining the possession. The petitioners allegedly paid the amount of Rs.2,000 and the respondent returned the mortgage deed Exh.D/3 to D/22. Thereafter the agreement to sell was concluded on 3-12-1965 by way of mutation and balance amount was paid on the said date according to evidence. 2. The respondent filed suit for possession through pre-emption on the basis of being joint Khatedar alongwith other grounds, on 15-3-1966. The suit was contested. The learned trial Judge…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492