Law:

Section:

North West Frontier Province Pre emption Act (XIV of 1950)---S. 12 Constitution of Pakistan (1973), Art.185(3) Right of pre¬emption Exercise of such right on the basis of judicial determination ¬Improvements during the pendency of litigation Concurrent findings of facts by the Courts below Suit for pre emption was decreed earlier in favour of pre emptors, on the basis of which mutation was attested in their favour Trial Court dismissed the present suit but Appellate Court allowed the appeal and decreed the suit Judgment and decree passed by the Appellate Court was maintained by High Court in exercise of revisional jurisdiction Plea raised by the vendees was that, the earlier decree in favour of the pre emptors had been set aside and the vendees had also made improvements over the suit land Validity Pre emption decree in the present case could not be undone by getting the earlier decree set aside after a lapse of a period of 25 years Right of a person established through judicial determination and the decree passed by a Court on the basis of such right which attained finality must not be allowed to be defeated after such a long time on a technical ground -Improvement of status by vendees during the pendency of pre emption suit would be of no use to them as the transaction of sale in favour of vendees had taken place much after the expiry of period of limitation for filing the pre emption suit under the provisions of North West Frontier Province Pre emption Act, 1950 Such improvements would not defeat the superior right of pre emption Vendees failed to point out from the record that the concurrent findings of facts by two Courts below were suffering from any material defect calling for interference of Supreme Court Supreme Court declined to 'interfere with the s arid decrees passed by the two Courts below as there was no misreading or non reading of evidence on the part of Lower Appellate Court or revisional Court Leave to appeal was refused. JUDGMENT MUHAMMAD NAWAZ ABBASI, J. This petition for special leave, to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 has been preferred against the judgment, dated 5 11 2002 passed by…

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