Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)---Ss. 31 & 32---Constitution of Pakistan (1973), Art. 185(3)---Suit for pre-emption ---Limitation---Knowledge of transfer of property---Disputed mutation of sale was attested on 24-11-1998, and the suit of pre-emption was filed on 1-6-1999---Trial Court rejected the suit under O.VII., R.11 C.P.C. being barred by limitation under S.31 of North-West. Frontier Province pre-emption Act, 1987--Plea raised by the pre-emptor was that the provisions of Ss.31 and 32 of North-West Frontier' Province Pre¬emption Act, 1987, were interdependent---Validity---If the legislature had intended to make the provisions of S.31 of the Act, 1987, dependent upon the provisions of S.32 of North-West Frontier Province Pre-emption Act; 1987, it could have conveniently inserted the relevant and important ingredients of S.32 of North-West Frontier Province Pre-emption Act, 1987, into the provisions of S.31 of the Act, 1987---Having not done so, both the sections could not be interpreted to be interdependent---Mode of knowledge provided in S.31 of North-West Frontier Province Pre¬emption Act, 1987, was wider in ambit than the mode of knowledge attained through the provisions of its S.32---Latter section did not deal with the question of limitation but might be relevant with regard to the performance of Talbs---Supreme Court declined to interfere with the order passed by Trial Court as well as High Court---Leave to appeal was refused. Nur-ul-Haq's case 2000 SCMR 1305 fol. Mian Asif Islam's case PLD 2001 SC 499 and Muhammad Shah's case 2004 SCMR 535 ref. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.---Rahm Badshah seeks leave to appeal against the judgment, dated 22-11-2002 of Peshawar High Court whereby his writ petition was dismissed. 2. Plaint filed by Rahm Badshah in a pre-emption suit stands rejected under Order VII, rule 11 of the C.P.C. on the ground that the sale Mutation No.536 having been attested on 24-11-1998, his suit filed on 1-6-1999 was barred under section 31 of the N.-W.F.P. Pre-emption Act, 1987. The position is correct factually as well as legally. 3. Learned counsel for the petitioner has taken the stance that the…

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