Law:

Section:

North-West Frontier Province Pre-emption Act (XIV of 1950)--S. 12---Constitution of Pakistan (1973), Art.185(3)--- Petitioners initially exchanged their land with non-contesting respondents under the assessment of market price shown in the revenue record---Subsequently sale mutation in favour of petitioners was got entered by non-contesting respondents in respect of the land previously acquired by them in exchange against the price as was shown in revenue record at the time of exchange mutations---Contesting respondent, filed pre-emption suit against petitioners alleging that transaction was basically a sale but had been camouflaged as an exchange---Respondent's pre-emption suit was decreed---Petitioners' appeal and revision both failed---Leave to appeal--Three Courts below were correct in holding that under the guise of exchange, non ­contesting respondents had actually sold the land to petitioners---Record showed that sale consideration was received by one of the respondents---In exchange mutations, no statement of non-contesting respondents was recorded to the effect that they had exchanged land with petitioners---Fact that Courts below treated such omission as adversely affecting petitioners' case appeared to be reasonable and fair in circumstances---No ground, for granting leave to appeal---Leave refused in circumstances. ORDER RUSTAM S. SIDHWA, J.--- Pir Muhammad Khan and others seek leave to appeal against the judgment of the Peshawar High Court, Circuit Bench, Abbottabad, dated 2nd July, 1988. 2. By Mutations Nos. 445 and 446 attested on 4th June, 1977, Pir Muhammad Khan and his two brothers petitioners, on one side and Mst. Amir Khanum and Mst. Bibi Maryam respondents Nos.2 and 3, on the other, ostensibly exchanged 2 Kanals and 14 Marlas of their respective lands under the assessment of market price shown as Rs.4,000. On 11th August, 1977, a sale mutation in favour of the petitioners was entered by respondents Nos. 2 and 3 in respect of the land previously acquired by them in exchange against the price of Rs.4,000. The Revenue Officer ordered the examination of the two ladies by Local Commissioner, since they were Parda Nashin. It appears that only the…

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