Law: Constitution of Pakistan, 1973

Section: 185(3)

North-West Frontier Province Pre-emption Act (XIV of 1950)--S.4--Constitution of Pakistan (1973), Art. 185(3)--Pre-emption decree granted by Trial Court was reversed by Appellate Court on ground of limitation-­Revisional !Court reversed Appellate Court's decree arid restored that of Trial Court--Finding of Trial Court and Revisional - Court being based on correct appraisal of oral and documentary evidence led by parties was unexceptionable-­Vendee's contention that no decree having been passed before the target date vii. 31st July, 1986 as per rule laid down by Supreme Court in Sardar Ali's case reported as P L D 1988 S C 287, no decree could be passed thereafter; was devoid of force because decree in pre-emptor's favour had been passed by Trial Court on 17th March, 1981 which was maintained by High Court--Petition being devoid of merit, leave to appeal was refused. Qazi Abdur Rashid, Advocate Supreme Court and Manzoor Dahl, Advocate-on-Record for Petitioners. Imtiaz Muhammad Khan, Advocate-on-Record for Respondent. Date of hearing: 6th March, 1989. ORDER ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the order of a learned Single Judge of the Peshawar High Court. Abbottabad Circuit, dated 2-4-1988. 2. Ghulam Hussain respondent had brought a suit against the petitioners for possession of the land described in the plaint through pre-emption. It was alleged that the vendor had sold the suit land for a consideration of Rs.15,000 but in order to defeat the right of pre-emption by the respondent a fictitious amount of Rs.1,30,000 as sale piece was got entered into the sale mutation. It was also alleged in the plaint that the respondent had superior right of pre-emption. The suit was contested and the pleadings of the parties resulted in the framing of as many as eight issues. Of them, issue No.l was with regard to the superior right of pre-emption, issue No.2 was with regard to the cause of action and issue No.6 was whether the…

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