Law:

Section:

(a) North-West Frontier Province Pre-emption Act (XIV of 1950)--   ---Ss.16 17--Pre-emption suit- -Pre-emptor steps into shoes of vendee--Pre-emptor while doing so can obtain only that what latter had got; neither more nor less.   (b) North-West Frontier Province Pre-emption Act (XIV of 1950)--   ---Ss .l6 17--Pre-emption--Appellants did not press contention noted in leave granting order--Question raised by appellants that sale covered by mutation was in reality in favour of co-appellant against whom right of pre-emption could not be claimed required determination in suit and remained unadjudicated--Case remanded to Trial Court to frame proper issues in light of and decide suit afresh in accordance with findings arrived at by Court on fresh issue or issues framed as a result of of Supreme Court. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--This appeal by leave of this Court arises out of judgment by a learned Single Judge of the Peshawar High Court, Circuit Bench Abbottabad, dated 4th April, 1984, whereby the civil revision filed by the appellants was dismissed. 2. The facts so far as relevant for the present appeal are that Gul Zaman, the second respondent herein, transferred by way of sale his 17/18 shares out of Khasra Nos.396,400,397,393 and 22/32 shares out of field Nos.403, 405 and 407 situated in the area Mang in N.-W.F.P. to Muhammad Afsar, the first appellant herein. On 3rd March, 1975, Noor Muhammad, the first respondent herein, filed a suit claiming superior right of pre-emption on the ground of contiguity and participation of the immunities in the said land. During the pendency of the suit according to Noor Muhammad appellant Muhammad Afsar transferred the property to Muhammad Sulemari, the second appellant, by means of a consent decree in civil Suit No.152/1. This suit was filed by Muhammad Suleman against Muhammad Afsar on 15th ;March, 1975 and was decreed with consent on 5th April, 1975. In view of the aforesaid alleged supervening facts, Noor Muhammad filed an amended plaint in which he questioned the validity of the decree passed in Suit No.152/1 which declared that Muhammad Suleman was the real beneficiary and the sale in question was in…

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