Law:

Section:

North-West Frontier Province Pre-emption Act (XIV of 1950)-------S. 12---Constitution of Pakistan (1973), Arl.l85---Trial Court dismissed pre­emption suit on basis that vendee being tenant-at-will in land in question, pre­emptor had no right of pre-emption against him ---Appellate Court accepted appeal and remanded case to Trial Court with direction to provide opportunity to parties to produce evidence and decide case afresh---High Court in revision set aside and decree of Appellate Court and restored that of Trial Court--­Record showed that decision of Trial Court on specific issues did not fairly match oral and documentary evidence on record---Appellate Court's view that specific issues called for a much better attention of Trial Court, after fresh evidence was allowed to be recorded was not without substance---Circumstances of case justified that same be allowed to go back to Trial Court for determination of case afresh, after parties were provided proper opportunity to produce all such evidence as they considered fit and proper---Appeal was allowed; decision of High Court was set aside and order of Appellate Court was restored, with further direction that issues enumerated also required determination afresh, after proper opportunity was provided to parties to produce such further evidence as they considered fit and proper in circumstances. ORDER RUSTAM S. SIDHWA, J.---This is an appeal by Ghulam Zakria appellant against the judgment of a learned Single Judge of the Peshawar High Court dated 10-11-1979 holding the appellant as having a superior right of pre­emption over Sher Bahadur Khan respondent and accepting revision petition filed by the respondent and setting aside the judgment and decree of the learned District Judge and restoring that of the trial Judge. 2. The brief facts of the case are that Sher Bahadur Khan purchased 1/3rd share of Khata comprising Khasra No.1599 (4 Kanals and 9 Marlas), 1603 (5 Kanals and 10 Marlas) and 1604 (5 Kanals and 1 Maria) on the basis of Mutation No.657 entered on 17-4-1977. The petitioner, claiming superior right of pre­emption as co-sharer in the suit property, brought a suit to pre-empt the sale against the vendee.…

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