Law:

Section:

(a) North-West Frontier Province Pre-emption Act (X of 1987)-------Ss. 2(d)(iv) & 6--Suit for pre-emption--Exemption of transaction of exchange from pre-emptibility---Provision contained in S.2(d)(iv) of North-West Frontier Province Pre-emption Act, 1987, had exempted transaction of exchange for "better management" from the purview of exercise of right of pre-emption---No restriction existed to the effect that such a transaction should be with a view of having better management of the land or other immovable property already belonging to vendee--No hard and fast rule could be laid down to define and interpret the term `better management'--Since "better management". was unqualified, any transaction based on intention of better management, would be exempted irrespective of the fact whether it could be for the better management of the .land already owned or for the better management of the property which could not be managed by the vendee or for the better management of other affairs including the convenience, privacy and location of the property---Property at a far-off place which could not be properly managed, could be exchanged with another property which could be managed in a better manner in view of its location, accessibility or convenience-If the Legislation had left a provision without any restriction or condition, same could not be supplied by interpretation and such an unqualified exception, would be deemed to be applicable to all possible modes of better management--If vendee/defendant had sufficiently proved that suit property was situated nearer to his house and could be managed in a better way, whereas the property given in exchange could not be properly managed by him rather it could be appropriately managed by its transferee, it was a sufficient evidence and merely on the far-fetched interpretation, transaction of exchange could not be deemed to be pre-emptible. Fazal Rehman v. Khursheed Ali 2004 CLC 359 ref. (b) North-West Frontier Province Pre-emption Act (X of 1987)--- ----Ss. 6 & 13--Suit for pre-emption---Making of Talbs--Talb-e-Muwathibat was a necessary step leading towards a pre-emption suit--Name of the informer was a pre-requisite…

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