Law:

Section:

North-West Frontier Province Pre-emption Act (XIV of 1950)--S.12---Civii Procedure Code (V of 1908), O,XI, R.35---Constitution of Pakistan (1973), Art.185(3)---Petitioner obtained pre-emption decree in respect of suit land which was maintained up to High Court---Petitioner thereafter filed execution application wherein petitioner was found entitled to `Qabza Malkana' and not to actual physical possession---High Court's finding in earlier round of litigation was that petitioner would only be entitled to `Qabza Malkana' and not actual possession on the spot---Such finding of High Court in earlier round had obtained finality in the sense that decree-holder was satisfied with it and did not pursue the matter further---High Court's view seemed to be in consonance with law---Leave to appeal refused. ORDER AJMAL MIAN, J.----Leave to appeal is sought against the judgment dated 26-2-1989 passed by a learned Single Judge of the Peshawar High Court in Civil Revision No.101 of 1988 filed by the petitioner, dismissing the same. 2. The facts to be noted are that the petitioner obtained a pre-emption decree in respect of the suit land which was maintained up to the High Court level. She filed an execution application against the respondents for getting the possession of the suit land. The above execution application was resisted inasmuch as the respondents filed an application averring therein that the petitioner was entitled to symbolic possession and not actual possession. The learned Civil Judge by his order dated 14-2-1988 held that the decree-holder would only be entitled to "Qabza Malkana". The above order was impugned in an appeal before the District judge which was dismissed by the Additional District Judge by his order dated 18-7-1988. Against the above order, the petitioner riled the aforesaid revision which was dismissed by a learned Single Judge of the Peshawar High Court. The petitioner has, therefore, filed the present petition for leave to appeal. 3. Mr. Fida Muhammad Khan, learned Advocate Supreme Court appearing for the petitioner, has contended that under the pre-emption decree the petitioner was entitled to have the physical possession of the suit land and,…

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