Law: North West Frontier Province Preemption Act, (X of 1987)

Section: 24,25

Law: Civil Procedure Code (V of 1908)

Section: O.XX,R.14

North-West Frontier Province Pre-emption Act (X of 1987)--- ----Ss. 24 & 25---Civil Procedure Code (V of 1908), O.XX, R.14---Pre­emption suit, decree in---Deposit of sale price of property fixed in decree---Withdrawal of part of sale price by pre-emptor after acceptance of his appeal by Appellate Court reducing sale price fixed in decree---High Court in revision enhanced sale price to amount as decreed by trial Court---Non-deposit of balance sale price by pre-emptor within thirty days of passing of order by High Court---Effect---Such failure of pre-emptor had rendered the decree to be a nullity in eyes of law and there was no subsisting decree in field to be executed. ORDER MUHAMMAD ALAM KHAN J.---Rashid Khan son of Sardar resident of village Yarak Tehsil and District Dera Ismail Khan, has filed the instant Civil Revision under section 115 of the Code of Civil Procedure, wherein he has impugned the judgment and decree dated 13-1-2007 passed by the learned Additional District Judge-V Dera Ismail Khan in Appeal No.R.C.A.-23/2006, vide which he has challenged the reversal of the order dated 10-6-2006 passed by the learned Civil Judge-III Dera Ismail Khan; in Miscellaneous Application No.77/6. 2. Briefly narrated the facts of the case are that the plaintiff-petitioner brought a suit for pre-emption regarding land, the description of which has been given in the heading of the plaint in the court of Senior Civil Judge, Dera Ismail Khan, which was entrusted to the learned Civil Judge Dera Islmail Khan for disposal. It was averred that Ghulam Haider and Niamat Khan had also pre-empted the said sale transaction and thus, the learned trial court consolidated the two suits and after recording of evidence and hearing the arguments of the learned counsel for the parties, the rival pre-emptors withdrew their suit and resultantly the plaintiff-petitioner submitted an amended plaint. After hearing the arguments of the learned counsel for the parties qua the amended plaint the suit of the plaintiff-petitioner was decreed on payment of Rs. seventy thousands as sale consideration, vide judgment and decree in suit No.331/1 of 2000 decided on 3-7-2000. 3. That later on the…

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