Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)----------Ss.13 & 35---Suit for pre-emption ---Maintainability---Suit for pre-emption though was filed under repealed North-West Frontier Province Pre-emption Act, 1950, but could not finally be decided and was pending at the commencement of North-West Frontier Province Pre-emption Act, 1987---Suit which was pending at the time of enforcement of North-West Frontier Province Pre-emption Act, 1987, was to be decided under provisions of such Act according to which making of demands or Talabs of Pre-emption was a necessary pre-condition--­Section 35 of North-West Frontier Province Pre-emption Act, 1987, having provided that making of Talabs was prerequisite, and pre-emptor having failed to make requisite Talabs of pre-emption, his suit was liable to be dismissed---Suit filed by pre-emptor was rightly dismissed by Courts below. 1992 SCMR 445 and PLD 1986 SC 360 ref. JUDGMENT In this revision petition Ghafoor Khan plaintiff-petitioner has challenged the judgment and decree of the learned Additional District Judge, Swabi, dated 17-9-1989, whereby he dismissed his appeal and maintained the judgment and decree, dated 19-9-1988 of the learned Civil Judge, 1st Class, Swabi, whereby he dismissed the suit of the plaintiff-petitioner for possession by pre-emption of the suit land. 2. Brief facts of the case are that Ghafoor Khan plaintiff-petitioner brought a suit against defendants-respondents 1 to 3 for possession by pre-emption of the suit land measuring 4 Kanals and 13 Marlas out of Khasra Nos. 1954/743/188, 1953/743/187 and 569/855 purchased by the defendants through registered deed No. 292 dated 30-11-1971. It was alleged in the plaint that in fact transaction was struck for Rs.930 but in order to defeat the right of pre-emption of the plaintiff, an inflated amount of Rs.4,000 were entered in the sale-deed. Plaintiff claimed his superior right of pre-emption on the grounds of co-sharership, contiguity and participation in the immunities and appendages. 2. The suit was contested by the defendants on legal and factual premises and in view of the pleadings of the parties issues were framed. Evidence pro and…

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