Law:

Section:

(a) North-West Frontier Province Tenancy Act (XXV of 1950)--S. 4(a)---North-West Frontier Province Pre-emption Act (X of 1987), S. 6---Right of pre-emption claimed on basis of contiguity ---Pre-emptor, however, at the time he claimed right of pre-emption was possessed of only occupancy rights in the land on basis of which he had claimed pre-emption--­ No right of pre-emption could be claimed on basis of contiguity by a person who was not owner of the contiguous land but was possessed of occupancy rights ---Pre-emptor had become owner of land on the basis of which he had claimed right of pre-emption after the decision of his suit for pre-emption by the Trial Court---Impugned of High Court dismissing plaintiffs suit thus, did not suffer from any legal infirmity. Abdul Jalil through his L.Rs. v. Muhammad Hussain 1992 SCMR 1605 rel. (b) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 6---Constitution of Pakistan (1973), Art 185 (3)---Right of pre-emption-Pre -emptor although was owner of contiguous land, yet defendant too was owner of contiguous property---Rights of parties being equal, of High Court whereby plaintiff's pre-emption suit was dismissed qua property in question, was legally unassailabte---Leave to appeal was refused in circumstances. JUDGMENT WALI MUHAMMAD KHAN, J.---Mst. Mir Jan and others, heirs of Jamal Din, have challenged the consolidated judgment dated 20-5-1992 passed by a learned Single Judge of the Peshawar High Court, Abbottabad Bench, whereby Revision Petitions Nos.48 of 1990 and 23 of 1985 filed by Ghulam Nabi, respondent herein, were accepted and the judgments and decrees for possession through pre-emption passed in their favour in Suits Nos.79/1 of 1976 and 105/1 of 1978, were set aside and their suits were dismissed. Ghulam Nabi, respondent herein, purchased land measuring 66 Kanals 8 Marlas comprised in Khasra Nos.2, 3 and 4 situated in the area of village Pipal, Tehsil Abbottabad vide Mutation No.538 attested on 5-4-1975 which was pre-empted by Jamal Din, predecessor-in-interest of the petitioners which after contest was dismissed by the . Additional Civil Judge vide his judgment and decree dated 31-7-1984, however,…

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