Law:

Section:

(a) North-West Frontier Province Pre-emption Act (XIV of 1950)--S.25---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider that patwari having failed to produce correct five years or one year's average of suit property, whether Courts below were bound to appoint a Commissioner to assess market value of land in question. (b) North-West Frontier Province Pre-emption Act (XIV of 1950)--- ----Ss.25 & 27---Determination of sale price---Where patties had not agreed as to the price at which pre-emptor would exercise his right of pre-emption, Court would determine whether price at which sale was purported to have taken place had been fixed in good faith or paid. Bahli v. Mutalli 1988 C L C 1337 ref. (c) North-West Frontier Province Pre-emption Act (XIV of 1950)--- ----S.27---Market value, determination of---For purpose of determining market value, Court would consider value of similar land or property in neighbourhood or value of land or property as shown by previous sales or mortgages. (d) North-West Frontier Province Pre-emption Act (XIV of 1950)--- ----Ss.25 & 27---Constitution of Pakistan (1973), Art.185(3)---Average price of land, determination of---Evidence on record showed that a portion of land was Chahi type and surrounding lands were also used to be irrigated by Chah which subsequently became Nehri Chahi but the same was treated as Banjar Qadeem--­Such fact was not noted by Courts below---Remand of case for determination of such fact was not necessary---No formula was before Court to determine average price of land as parties' counsel had failed to provide any data in spite of sufficient time granted to them---Difference between sale price as averred by vendee/appellant and the price determined by Court being substantial, specific amount more was allowed to appellant as price of land in question in addition to the amount already awarded to appellant by Trial Court---Appeal was partly allowed in circumstances. JUDGMENT ABDUL QADEER CHAUDHRY, J: --These appeals by the leave of the Court are directed against the judgment of the High Court dated 12-6-1988. 2. The facts in brief, are that the appellant purchased land…

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