Law:

Section:

(a) North-West Frontier Province Pre-emption Act (XIV of 1951)-------Ss. 5(c) & 29---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine the contention that the respondent who had purchased a portion of land for the construction of a house of, the joint holdings of the land even if otherwise satisfied the requirements of exemption as provided under the Act, shall not be entitled to the statutory protection afforded to him, since the decree in favour of appellant had been passed before 31st July, 1986, the same could not be reversed thereafter on the ground that the plea of exemption had been declared by the Supreme Court to be repugnant to Islam and was not enforceable. (b) North-West Frontier Province Pre-emption Act (XIV of 1950) ----S. 29---Vendee's plea of equal right of pre-emption derived from the ownership of the agricultural land shall be defeated by the enforcement of the right of pre-emption with respect to it for Court was debarred from deciding the plea of vendee until the period of limitation for the enforcement of the right of pre-emption (claimed by the plaintiff) had expired and the suit for preemption (if any) instituted (by him) with respect to the land or property during the period had been finally decided Sirajul Islam v. Ahmed Idris 1991 SCMR 903; Fazal Karim v. Muhammad Zaman PLD 1989 SC 764; Ahmad Khan v. Sattar Din PLD 1981 SC'. w18; Gulzada v. Muhammad Usman PLD 1990 SC 465; Saadullah Khan and 3 others v. Mohabat and 29 others PLD 1975 Pesh. 218; Bashir Hussain Shah v. Maskin 1988 SCMR 1251; Mohabbat v. Asadullah Khan and others PLD 1989 SC 112; Mohammad Ishaq etc. v. Abdul Ghafoor 1987 CLC 2134; Ghulam Muhammad and 11 others v. Bakhsh and 5 others PLD 1991 SC 563; Akram v. Mst. Sakina Begum and another PLD 1984 SC 334; Mawas Khan v. Subedar Meher Dill PLD 1985 SC 215; Ghulam Ahmad's case PLD 1962 Lah 693; Muhammad Khan's case PLD 1983 SC 181; Malik Hussain's case PLD 1970 SC 299; Abdul Khaliq's case PLD 1969 Lah 269; Mohammad Mujtaba v. Ghulam Ali and others 1980 SCMR 7; Mst. Fateh Bibi v. Ahmad Khan and_ other PLD 1971 Lah. 171; Muhammad Shuja and others v. Sher Afzal Khan and others PLD 1970 Pesh…

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