Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) North-West Frontier Province Pre-emption Act (XIV of 1950)--S.12--Constitution of Pakistan (1973), Art.185(3)--Right of pre-emption--Sale effected with consent of pre-emptor, whether waiver/estoppel--Leave to appeal was granted to consider inter alia, that on the facts of the case it was crystal clear that pre-emptor had acquiesced in the sale transaction, viz. such sale having been effected with the consent of pre-emptor on behalf of his wife vendor, if proved whether to be construed as amounting either to waiver or an estoppel. (b) North-West Frontier Province Pre-emption Act (XJV of 1950)-- ---S.12--Contract Act (IX of 1872), S.182--Provisions of general law in conflict with special law--Vires of--Provisions of Contract Act, 1872 relating to agency to act on behalf of principal are in conflict with North-West Frontier Province Pre­emption Act, 1950, and as such latter being a local law overrides provisions of general law--Contract Act is to yield to Pre-emption Act, 1950 which is a special law. (c) North-West Frontier Province Pre-emption Act (XIV of 1950)-- ---S.12--Right of pre-emption--Waiver/estoppcl--Proof---Pre-emptor, vendor's husband was a consenting party in sale by his wife--Such pre-emptor, therefore, was not entitled to pre-empt such sale--Judgment of First Appellate Court and that of High Court were set aside and that of Trial Court was restored whereby pre-emption suit was dismissed. Mian M.Younas Shah, Senior Advocate Supreme Court and Abdul Samad Khan, Advocate-on-Record for Appellant. Jan Muhammad, Advocate-on-Record (absent) for Respondent. Date of hearing: 4th February, 1989. JUDGMENT USMAN ALI SHAH, J.--This appeal by special leave of the Court is directed against the order, dated 28th of April, 1982 of the Peshawar High Court, Peshawar, whereby it upheld the judgment and decree passed by the Additional District Judge in favour of the plaintiff pre-emptor and dismissed the revision petition of the vendee appellant. 2. Hakim Shah plaintiff pre-empted land measuring one kanal sold by his wife Mst. Miran in favour of Mir Bahadur vide sale Mutation No.15581 attested on 4-4-1978. The suit was dismissed by the trial Court mainly on the…

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