Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) North-West Frontier Province Pre-emption Act (XIV of 1950)--   ---Ss.4 18--Constitution of Pakistan (1973.), Art. 185(3)--Leave to appeal was granted to determine question whether under circumstances of the case suit for pre-emption could be dismissed as a whole or as to whether a decree for one of Khasra numbers in suit land could be passed in view of Ss.4 18 of North-West Frontier Province Pre-emption Act, 1950.   (b) North-West Frontier Province Pre-emption Act (XIV oaf 1950)--   ---Ss.4 18--Pre-emption suit--Right of pre-emption-- Doctrine of sinker--Both appellant-pre-emptors proved their right to pre-empt with regard to one Khasra number while in respect of other Khasra number of suit land only one of pre-emptors, being a co-sharer, had a superior right of pre-emption while other pre-emptor had no such right--Pre-emptor who had superior right as being a co-sharer, having sued jointly with co-pre-emptor who had no such right, held, lost his right of pre-emption under S.18 of North-West Frontier Province Pre-emption Act and suit with regard to that Khasra number stood dismissed. JUDGMENT USMAN ALI SHAH, J.--This appeal by leave of the Court has arisen from the judgment and order, dated 2-6-1976 of the Peshawar High Court, Peshawar, whereby a learned Single Judge accepted the appeal of the respondent and set aside the decrees of the Counts below. Briefly, the facts of the case are that Hazrat Ali respondent herein had purchased the equity of redemption of the suit land measuring 34 kanals 5 marlas for an ostensible consideration of Rs.5,000 vide mutation No.10737 attested on 27-6-1967 from one Nur Muhammad. Awal Khan and Janson Khan, appellants hereib had filed a suit on 24-6-1968, in the Court of Civil Judge, Lukki Marwat, for pre-emption, claiming preferential rights against the respondent and also alleged that the price shown in the mutation is excessive. The suit was resisted by the respondent (Vendee) denying superiority of the appellants pre-emptive rights and maintained to have purchased the suit land for Rs.5,000. He also contended that the suit was time barred and is liable to be dismissed under the principle of Sinker and that…

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