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

Section: 13,20

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

Section: 13,20

North-West Frontier Province Pre-emption Act (X of 1987)------Ss. 6, 13 & 20---Suit for pre-emption---Trial Court after hearing the counsel for parties and considering data available on record came to the conclusion that both pre-emptor and vendees had got equal rights of pre-emption being co-sharers---Trial Court fixing the market value of suit land as mentioned in the registered. deed, passed decree in favour of pre-emptor and vendees in equal shares, giving 1/2 share to the pre-emptor and 1/2 share to vendees---Appellate court below, however found that the parties being co-sharers falling in the same category were equally entitled; and that distribution of property would be as per capita basis, pre-emptor being one who would get 1/5 share while vendees being four in number would get 4/5 share equally on ,proportionate sale consideration---Pre-emptor as well as vendees, at the time of sale of suit property were-co-sharers and two courts below had rightly reached at findings with respect to the equal rights of both the parties as co-sharers---Pre-emptor had proved on record by producing overwhelming evidence the performance of `Talb-e-Muwathibat' and sending notice of Talb-e-Ishhad in time---Particulars of date, time and place regarding acquiring knowledge of impugned sale, had duly been proved on the record---Record had established that the sale was through sale-deed and sale consideration had been paid to the vendor before the Sub-Registrar which was fixed in good faith and actually paid to the vendor---Sale consideration fixed by the Trial Court and upheld by the Appellate Court, was in accordance with law---In the present case, there being one pre-emptor and four vendees, distribution of suit property among the pre-emptor and vendees would be on per capita basis---Appellate Court below, in circumstances, had rightly modified the and decree of the Trial Court with respect to the apportionment of the pre-empted land as on per capita basis---Pre-emptor would get 1/5 share and four vendees would get 4/5 shares on proportionate sale consideration---No misreading or non-reading of evidence had been pointed out by the counsel for the parties in the impugned…

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