Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)--S. 12---Constitution of Pakistan (1973), Art. 185(3)--Paradanashin lady--­Suit for pre-emption ---Plaintiff's suit for pre-emption was decreed by Trial Court---Appellate Court, however, set aside decree and dismissed suit for pre­emption ---High Court set aside and decree of Appellate Court and restored that of Trial Court---Validity---Leave to appeal was granted to consider whether respondent lady on facts and circumstances of case, was 'Pardanashin' illiterate lady and she had shown her ignorance of transaction and its nature in respect of considerable landed property in presence of her minor children and whether decree for pre-emption could be sustained in circumstances. Qazi Muhammad Anwar, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on- Record for Petitioners. Anwar H. Mir, Advocate-on-Record for Respondent No.2. Date of hearing: 13th November, 1995. ORDER FAZAL ILAHI KHAN, J.---This is petition for leave to appeal against the judgment of the learned Single Judge of Peshawar High Court, Circuit Bench, Dera Ismail Khan, dated 26-10-1994 whereby Civil Revision Petition No.6 of 1994 was accepted, the judgment and decree of the learned District Judge, D.I.K. was set, aside and that of the Trial Court decreeing the respondents' suit for pre-emption was restored. 2. Facts of the case briefly stated are that on the attestation of Gift Mutation No. 1324 dated 24-6-1989 on behalf of Mst. Siraj Bibi respondent in favour of Abdul Qayyum Khan petitioner, in respect of land measuring 445 Kanals, 11 Marlas situated in village Bathiala, Tehsil Kalachi, the respondent/plaintiff alleging that the transaction is sale and not a gift, in assertion of superior right of pre-emption, filed a suit in the Court of Civil Judge, D.I. Khan. It is worth mentioning that after attestation of gift mutation Abdul Qayyum Khan petitioner No. l donee subsequently transferred 200 Kanals and 9 Marlas of the land in favour of Mst. Shehzadi Bibi (now dead and represented by petitioners) and 187 Kanals to Gulshan Bibi vide Mutations Nos. 1334 and 1335 dated 26-7-1989, respectively. The transferee Lien mortgaged the suit property…

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