Law:

Section:

North-West Frontier Province Pre-emption Act (RIV of 1950)--   ---S.17--Pre-emption claim of--If a person purchased land bearing more Khasra numbers than one situated in same Khata a pre-emptor to said sale could get a decree for such Khasra numbers as were contiguous to his land and vendee could not defeat claim of pre-emptor on ground that he was to remain a co-sharer khata after decree.   Saadullah Khan v. Mohabat P L D 1975 Pesh. 218 and Ahmad Khan v. Sattar Din P L D 1981 S C 148 rel.   Muhammad Muzaffar Khan v. Muhammad Yusuf Khan P L D 1959 S C 9 ref. JUDGMENT GHULAM MUJADDID MIRZA, J.--On 28-5-1974 Maskin son of Hussain, resident of Maira Jia, Tehsil Mansehra, filed a suit for possession by pre-emption on the ground that his property was contiguous to the one purchased by defendant Bashir Hussain Shah bearing Khasra Nos.688/526, 689/526, 529 and 479 situated in the area of Maira Jia, Tehsil Mansehra, for Rs.12,960. According to Maskin, the actual price of the land sold was Rs.2,000 but in order to defeat his right of pre-emption it had been enhanced to Rs.12,960. Defendant Bashir Hussain Shah contested the suit. The trial Court framed the following issues:-- (1) Whether the plaintiff has a cause of action- OPP. (2) Whether the suit is bad being for partial pre-emption- OPD. (3) Whether the suit is properly valued for the purposes of court fee and jurisdiction- OPP. (4) Whether a sum of Rs.28,000 was fixed in good faith or actually paid as the sale consideration of the suit property- OPD. (5) What is the market value of the suit land- O.P.Partes. (6) Whether the plaintiff has a superior right of pre-emption- OPP. (7) Whether the sum of Rs.12,960 was inadvertently recorded in the mutation as sale price by the Revenue Officer and in fact Rs.28,000 were actually paid as the sale price of the suit land- OPD. (8) Relief. Instead of dealing with the issues seriatim, the trial Court thought it fit to take up issue No.6 first because this was the issue on which the decision of the suit depended. The issue was decided in favour of the plaintiff. Similarly issue No.l was also decided in favour of the plaintiff. Issues Nos.2 and 3 were not pressed.…

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