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

Section: 24(1),24(5)

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

Section: 24(1),24(5)

North-West Frontier Province Pre-emption Act (X of 1987)-------Ss. 6, 13 & 24(1)(5)---Suit for pre-emption---Non-deposit of 1/3rd of Zar-e-Shufa---Effect---Suit was concurrently dismissed by the Trial Court and Appellate Court on the ground that plaintiff had not deposited 1/3rd of "'Ragm-e-Zar-e-Shufa" within specified period---Plaintiff contended that he could not deposit said amount as words, `Asal-Zar-e-Shufa' were used in original order which had confused plaintiff and that act of the court should not prejudice the parties---Plaintiff had further contended that it was mandatory for the court to fix probable value of the suit property as the amount mentioned in the sale deed and in the plaint was different, and that order of dismissal of the suit without fixing the probable value was void ab initio---Validity---Counsel for plaintiff was duty bound to have informed plaintiff about the order to deposit 1/3rd of actual pre-emption amount---Plaintiff by himself was also present on date when order to deposit 1/3rd was passed---Plaintiff and his counsel were responsible to ascertain about the order of deposit of pre-emption amount---Nothing was on record to show that plaintiff or his counsel had ever requested the court to clarify said order of deposit or to request to issue an independent clear order if said order was not clear to plaintiff---Failure to deposit 1/3rd of pre-emption amount and making excuses for the same, were no good grounds. 1994 MLD 319 and 2000 CLC 1815 ref. Mian Iqbal Hussain for Petitioner. Nemo for Respondents. Date of hearing: 28th February, 2007. JUDGMENT SALIM KHAN, J.--- A suit was instituted by Mian Said Usman against Toti Mian and Mian Muhammad for possession of the property mentioned in detail in the plaint, through pre-emption. The suit was instituted on 30-5-2006 through counsel. It was processed on the same date and was put up for hearing before the Court on that date. The learned original Court recorded that counsel for the plaintiff was present who supported the plaint. It was ordered that the plaint be registered. The learned original Court further directed that one third of "Asul-Zar-e-Shufa" be deposited within thirty…

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