Law:

Section:

(a) North-West Frontier Province Pre-emption Act (X of 1987)-------S. 5---Civil Procedure Code (V of 1908), S. 115---Suit for pre-emption--­Nature of transaction---Determination---Transaction in question though ostensibly termed as mortgage, but was concurrently found by two Courts below to be that of sale---Facts proved on record were that mortgage was created for unlimited period; amount of purported mortgage was equal to the price of property and that mortgagee could make any improvement on property in question, including construction of house; all such facts supported the conclusion arrived at by two Courts below that transaction :a question was in fact a sale---Such conclusion was based neither on illegality nor on irregularity nor on misreading of facts---Courts below had thus, rightly found transaction in question to be that of sale and liable to pre-emption---No interference was warranted in such findings. Shaukat Khan and others v. Khawaja Muhammad Khan and another PLD 1959 (W.P.) Pesh.178 rel. (b) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 5---Word "alienation" as used in S. 5 of the Act---Connotation---Word "alienation" is not qualified with any pre or post fixed words i.e. temporary or permanent and it could be taken for both---Court has been empowered to determine true nature of transaction in order to prevent defeating the purpose and intention of law of pre-emption by adopting such device.--[Words and phrases]. Legal Thesaurus by William C. Burton and Words and Phrases Legally Defined Vol. 1 by Butterworths (Publishers) ref. (c) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13---Ci~l Procedure Code (V of 1908), S. 115---Compliance of requirements of Talbs---Defendant could not point out any defect in conclusions arrived at by two Courts below by holding that compliance of provision. of S. 13 - of the Act regarding Talbs had been made properly---No interference with conclusions of Courts below was warranted in circumstances . Rustam Khan Kundi for Petitioner. Muhammad Ayaz Khan Qusuria for Respondents. Date of hearing: 13th October, 1994. JUDGMENT The petitioner Imtiaz Ahmad, the defendant…

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