Law:

Section:

(a) North-West Frontier Province Pre-emption Act (X of 1987)-------S. 5---Right of pre-emption arises in case of sale only--­Element of sale is sine qua non for accrual of right of pre­emption. (b) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 2(d)---Sale---Essential elements---Permanent transfer of ownership of an immovable property and in exchange for a valuable consideration are two essential elements of sale. (c) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 5---Specific Relief Act (I of 1877), S.39---West Pakistan Land Revenue Act (XVII of 1967), S.42---Civil Procedure Code (V of 1908), Ss.12(2) & 115---Suit for pre-emption based on mutation of sale--­Vendee denied the sale and genuineness of the mutation---Vendor in another suit filed against vendee got consent decree, whereby sale mutation was cancelled---Decree in. pre-emption suit passed by Trial Court and upheld by Appellate Court was set aside by High Court in revision and case was remanded for fresh trial ---Pre-emptor in compliance of remand order filed amended plaint impleading legal heirs of vendor as defendants---De novo trial resulted into passing of decree and appeal of vendee was also dismissed---Contention of vendee was that after cancellation of sale mutation, pre-emptor was left with no cause of action to file suit and that factum of sale in favour of vendee had not been proved ---Validity---Pre-emptor's basic and inescapable duty was to prove that sale of suit land had taken place ---Pre-emptor in support of his claim had examined himself and Patwari Halqa, but had not examined attesting witnesses of mutation---Contradictions in pre-remand and post-remand statements of pre-emptor on points of payment of sale price, time .and place of attestation of mutation had certainly reduced its evidentiary value to a cipher before a digit---Subject mutation did not stand the test of S.42 of West Pakistan Land Revenue Act, 1967, as the same did not contain signature of .vendor, which spoke about his absence at the time of its attestation---Payment of sale amount had not been proved ---Factum of sale having been denied by both the-vendor and vendee, could…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492