Law:

Section:

(a) North-West Frontier Province Pre-emption Act (XIV of 1950)------- Ss. 16, Explanation & 17(l) --- Constitution of Pakistan (1973), Art. 185(3)--­Leave to appeal was granted to vendee/defendant against the of High Court whereby the suit of pre-emption was decreed for the first time not extending to the vendee benefit of Explanation added to S. 19 read with S. 17(l) of North-West Frontier Province Pre-emption Act, 1950 notwithstanding the fact that the vendee had entered the arena within the period of limitation and before the institution of the suit. (b) North-West Frontier Province Pre-emption Act (XIV of 1950)---- ---- Ss. 16 & 17 --- Superior right of pre-emption --- Finding of fact --- Trial Court and first Appellate Court determined the question of fact and found established the resale in favour of vendor which was given effect to by a registered sale-deed and then another sale by the original vendor to another person given effect to by a report of Patwari and attestation of the mutation---Statement of Patwari, report recorded in the Roznamcha, the entry of the transaction in the mutation register and the attestation of the mutation all had come on record as evidence --- Ignoring all this by the High Court in revision, held, was not a fair reading of the record and the evidence. (c) North-West Frontier Province Pre-emption Act (XIV of 1950)--- ---- Ss. 16 & 17 --- Superior right of pre-emption---Intermediary vendee not having superior right of pre-emption --- Effect --- Sale to an intermediary vendee was to be not necessarily in recognition of superior right of pre-emption if and only if the ultimate legal vendee against whom the pre-emptor was to contest, happened to have a superior right. Sifatullah Khan and others v. Mrs. M.U. Khattak and others 1985 SCMR 1425 ref. (d) North-West Frontier Province Pre-emption Act (XIV of 1950)-- ---- Ss. 16 & 17 --- Scope and application of Ss. 16 & 17 --- Superior right of pre­emption --- Sale to a person having a superior right of pre-emption --- Date when the sale in fact took place was relevant irrespective of the date of attestation -of mutation --- If the superior right was not asserted…

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