Law:

Section:

(a) North-West Frontier Province Pre-emption Act (X of 1987)-------S.35---North-West Frontier Province Pre-emption Act (XIV of 1950), S.5(c)--­Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to pre­emptor to examine whether the High Court, in revision, while restoring the and decree of the Trial Court dismissing the suit, had not kept in view the provisions of S.35, North-West Frontier Province Pre-emption Act, 1987 which had been enforced on 28-4-1987 and did not correctly apply the provisions of S. 5(c) of the North-West Frontier Province Pre-emption Act, 1950. (b) North-West Frontier Province Pre-emption Act (X of 1987)- ----S.35---North-West Frontier Province Pre-emption Act (XIV of 1950), S.5(c)--­Word "final" occurring in S. 35, North-West Frontier Province Pre-emption Act, 1987---Meaning---Impact of S. 35, North-West Frontier Province Pre-emption Act, 1987 which was enforced on 28-4-1987 when the revision petition was still pending in the High Court---When the North-West Frontier Province Pre-emption Act, 1987 came into force, the final s and decrees of the two Courts existed and indeed there was a decree in favour of the pre-emptor by the first Appellate Court---High Court was right in dealing with the matter under North-West Frontier Province Pre-emption Act, 1950 and S.35(3) of North-West Frontier Province Pre-emption Act, 1987 was not attracted.--[Words and phrases]. . Section 35 of Act X of 1987 envisages the pendency of appeals and cases against the s and decrees which have become final. Finality and pendency of appeal do not ordinarily go together. What is "final" cannot be the subject of appeal and what is subject of appeal cannot be "final". The meaning which is to be given to word "final" in section 35 is that the " or decree which terminates action in Court which renders it". In the present case when the North-West Frontier Province Pre-emption Act, 1987 came into force, the final s and decrees of the two Courts existed and indeed there was a decree in favour of the pre-emptor by the first appellate Court. Therefore, this was a matter which was rightly dealt with by the High Court under the North-West Frontier…

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