Law:

Section:

North-West Frontier Province Pre-emption Act (XIV of 1950)-------S. 5(c)---Constitution of Pakistan (1973), Art. 185(3)---Appeal---Exemption from pre-emption, claim to ---Vendees receiving land under sale more than twice the limit as set out in exemption clause, held, could not plead exemption to defeat pre-emption right of pre-emptor ---Fact that in two transactions, vendees were more than one, would not make any difference as in each case there was only one sale---In absence of any evidence that each vendee had taken a separate share and also separately paid price for his share, sale could not be broken up into as many sales as there were vendees for purpose of allowing them benefit of exemption. JUDGMENT SAAD SAOOD JAN, J.---These are two appeals arising out of two pre­emption suits. As a common question of law arises in them, they are being disposed of together. 2. The appellants in C.A. No. 9-P purchased 5 kanals 7 marlas of land in village Ambar. The respondent filed a suit for pre-emption. The main defence taken by the appellants was that the sale was exempt from pre-emption under clause (c) of section 5 of the N.-W.F.P. Preemption Act, which reads as follows:-- "No right of pre-emption shall exist in respect of the sale of, or the 1'oreclosufe of, a right to redeem; ............................. (c) agricultural land or village immovable property consisting of an area measuring not more than two kanals purchased by a ,resident of the village in which such land is situated, where he neither owns a house nor a vacant site measuring more than one kanal, for constructing a house for his own occupation." On the presumption that as there were two vendees and each was entitled to exemption in respect of two kanals of land under the abovementioned clause, the trial Court held that the exemption was available to the extent of 4 kanals only. Accordingly, it decreed the suit of the respondent to the extent of 1 kanal 7 marlas. The respondent preferred an appeal before the Additional District Judge which was dismissed. He then filed a revision petition in the High Court. The High Court held that as the sale was in excess of four kanals the exemption was in terms…

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