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

Section: 13,35

Law: Constitution of Pakistan, 1973

Section: 185(3)

North-West Frontier Province Pre-emption Act (XIV of 1950)--- ----S. 6---North-West Frontier Province Pre-emption Act (X of 1987), Ss. 13 & 35---Constitution of Pakistan (1973), Art. 185(3)---Pre-emption suit---Demand of Talbs---No decree was in existence in favour of the plaintiff when North-West Frontier Province Pre-emption Act, 1987 came into force and the case in question, on remand, was pending before the Trial Court---Effect---Case of the plaintiff, in circumstances, would fall under S.35(3) of the N.-W.F.P. Pre-emption Act, 1987 and would stand dismissed as the right of pre-emption had not been claimed under the provisions of said Act---Demand of pre-emption (Talbs) was prerequisite for the enforcement of right of pre-emption and in absence thereof no right of pre-emption could be pressed into service as the same stood extinguished. Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360 ref. THIS JUDGMENT DELIVERED BY: MIAN MUHAMMAD AJMAL, J.- The petitioner seeks leave .to appeal against the judgment of the Peshawar High Court, Peshawar dated 2-4-2001, whereby Civil Revision No.445 of 1996 filed by him was dismissed. 2. Brief facts are that Mst. Shamsho, respondent No.3 transferred the suit-land to Amirzada and Akhunzada, respondents Nos. 1 and 2 on the basis of a decree in Civil Suit No.292/1, dated 6-1-1969 which was incorporated in Mutation No.618 dated 12-5-1969. Faqir Khan, the petitioner pre-empted the said transaction alleging that it was a sale transaction for consideration of Rs.2,000 but was given a colour of the Court decree. He claimed his superior right of pre-emption on the basis of being a co-sharer, owner of the contiguous property and participator in amenities. The defendants/respondents Nos. 1 and 2 contested the suit claiming that the transfer was not sale and was based on the Court decree, as such, it was exempted from pre-emption. They also claimed that the market value of the property was not less than Rs.60,000. On divergent pleading of the parties, the trial Court framed issues, recorded evidence of the parties and after hearing their counsel decreed the suit vide its judgment dated 13-2-1971. Appeal filed there…

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