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

Section: 13

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

Section: 13

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

North-West Frontier Province Pre-emption Act (X of 1987)------Ss. 6 & 13---Suit for pre-emption---Superior right of pre-emption---Trial Court dismissed suit by pre-emptor, but Appellate Court decreed the same---Pre-emptor who could not prove to be co-sharer in the suit property, had no right of pre-emption---Such legal position was not properly appreciated by two courts below---Merely to be a co-sharer in "Shamilaat" on the basis of previous ownership in Khasra number, would not give any right in respect of such Khasra number, which could entitle him to any right of ownership regarding said Khasra number--Pre-emptor, who was not owner in the suit Khasra number at the time of sale in question, having no right of pre-emption, decree granted in his favour by Appellate Court was the result of misreading of evidence---Impugned and decree passed in favour of pre-emptor by Appellate Court, were set aside and suit was dismissed. 1997 CLC 809; 1987 CLC 101; 1980 SCMR 692; 2002 SCMR 235; 2006 CLC 1926; 2000 CLC 252 and 1999 SCMR 724 rel. S. Sajad Hussain Shah and Qazi Jawad Ehsanullah Qureshi for Petitioner. Nisar Hussain Khan for Respondent. Date of hearing: 9th April, 2007. JUDGMENT SALIK KHAN, J.---Suit No.53/1 was instituted by Syed Sadiq Hussain Shah against Noshad Muhammad for possession through pre-emption of landed property in the suit Khasra No.37 sold vide registered Deed No.1232 attested on 16-12-1997. The suit of the plaintiff was contested. Evidence of' the parties was recorded. The learned Civil Judge, Mansehra vide judgment and decree, dated 30-3-2002 declared that the plaintiff was not entitled to the decree as prayed for as he had not made "Talb-e-Muwathibat" properly. The appeal was accepted on 22-3-2004, by the learned Additional District Judge, Mansehra in Civil Appeal No.22/13 instituted on 11-12-2002. A decree as prayed for was granted in favour of the plaintiff with the direction to deposit the remaining pre-emption amount within 30 days otherwise the suit of the appellant would stand dismissed with cost. Hence this civil revision. 2. The learned counsel for the parties argued the case in detail. The first objection was that time was not…

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