Law: N.W.F.P. Pre-emption Act, (XIV of 1950)

Section: Preamble,35

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) North-West Frontier Province Preemption Act (XIV of 1950)---Preamble---North-West Frontier Province Pre-emtpion Act (Y of 1987). S.35---Constitution of Pakistan (1973), Arc. 185(3)---Dismissal of pre-emption suit for failure to make Talb-i-Muwathibat and Talb-i-Ishbad --- Order of dismissal was maintained up to the level of High Court---Validity---North-West Frontier Province Pre-emption Act, 1950, was applicable when plaintiff's suit for pre-emption was filed, however, the Act was repealed on 28-4-1987 by S.35(1), North-West Frontier Province Pre-emption Act, 1987, whereby all cases and appeals in which s and decrees were not passed or had not become final and which immediately before commencement of the Act of 1987 were pending before Court, would lapse and suits would stand dismissed except those in which right of pre-emption was claimed under provisions of latter Act (X of 1987)---Provincially Administered Tribal Areas were governed by Pre­emption Law under general Muslim Law; whereby requirement of Talb was one of essentials for exercising right of pre-emption ---Plaintiff in his pre-emption suit having not performed Talbs, no exception could be taken to dismissal of his suit by Courts below---Leave to appeal was refused in circumstances. Abdullah v. Haider Khan and others PLD 1996 SC 599; Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360; Sardar Ali v. Additional Secretary Home and T.A. Department 1996 SCMR 1480 and Abdul Hamid v. Haji Shabbir Khan PLD 1995 SC 649 rel. (b) Constitution of Pakistan (1973)--- ----Art. 185 (3)---Grant of leave to appeal---Effect---Order simply granting leave to appeals would not lay down rule of law to be followed, like of Supreme Court deciding finally any matter. -[Precedent]. JUDGMENT MUKHTAR AHMED JUNEJO, J.---Petitioner Khairullah has sought leave to appeal against dismissal of his Civil Revision No.332 of 1995 ordered by a learned Single Judge of Peshawar High Court on 26-9-1995. Petitioner's suit for pre-emption filed by him on 15-9-1985 was dismissed by the trial Court on 14-6-1995, and such dismissal was upheld on 20-7-1995 by the learned Additional District Judge on the ground that the petitioner…

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