Law:

Section:

North West Frontier Province Pre emption Act (X of 1987)-- S. 22 Transfer of Property Act (IV of 1882), S.52 Sale of property by vendee after institution of pre emption suit Validity Once pre emption suit stands instituted, vendee would be prohibited from entering into sale or resale of disputed property Provisions of S.52, Transfer of Property Act, 1882 would be attracted only, when lis was pending adjudication Further sale by vendee prior to institution of pre¬emption suit could not be brought within four corners of principle of lis pendens Such further sale would be a new transaction altogether and pre emptor, if interest in pre empting such sale, would have to file a suit against latest sale, but not against the previous one ¬Principles. Muhammad Khan v. Sadiq PLD 1968 Lah. 929; Fyare Mohan v. Rameshwar AIR 1980 Rajasthan 116; Muhammad Khan v. Zir Mir Khan 1981 CLC 129; Falak Sher v. Muhammad Rashid PLD 1982 Lah. 426; Mian Tahir Shah v. Additional District Judge, Swabi 1998 SCMR 858 ref. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J. -----Abdul Yameen Khan, a pre emptor, seeks leave to appeal against the judgment, dated 4 7 2003 of a learned Division Bench of Peshawar High Court whereby his Writ Petition No.54 of 2003 was dismissed. 2. The background of the case is that one Muhammad Amin sold the property in dispute in favour of Abdul Subhan in village Chalyar, Tehsil Khwaza Khela, District Swat vide Mutation No.627 attested on 19 9 2000. Abdul Yameen Khan, the present petitioner, filed a preemption suit on 5 10 2000 but the vendee Abdul Subhan transferred the property in favour of another Ashraf Ali Khan. The pre emptor filed an application for the impleadment of the second vendee which was allowed by the trial Court on 11 6 2001 but the same, in appeal, was disallowed by the learned Zila Qazi Shangla camp Swat vide judgment, dated 19 4 2002. 3. Abdul Yameen Khan pre emptor challenged the aforesaid order in a writ petition which was dismissed through judgment impugned. 4. The claim of the petitioner/pre emptor as put forth by Mian Muhammad Younas Shah, learned counsel for the petitioner is that Ashraf Ali Khan is a subsequent vendee and hence under the law the pre…

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