KHAISTA GUL vs MIAN GUL — 1970 SCMR 571

Citation: 1970 SCMR 571

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: KHAISTA GUL vs MIAN GUL

Headnotes

Case cited as 1970 SCMR 571

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: KHAISTA GUL vs MIAN GUL Case No.:Civil Petition for Special Leave to Appeal No. 49-P of 1969 S. A. O. No. 60 of JUDGMENT Reported As: 1970 SCMR 571 Result: Petition Dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The dispute in this case relates to the right to pre-empt the sale of certain lands of village Takel in the Gadoon Area of Mardan District. This land was sold to respondent Mian Gul. The petitioner Khaista Gul first preferred a claim under section 8 of the Frontier Crimes Regulation for the pre-emption of these lands. This claim was decreed by the Assistant Commissioner, Swabi but when the matter came up for confirmation before the Commissioner he remanded the case back with the direction that such a claim in respect of the area in dispute should be referred to the civil Court. The petitioner then filed a suit for pre-emption in the civil Court on the 4th September 1962. The trial Court came to the conclusion that it had jurisdiction to try the suit and decreed it. On appeal, however, the District Judge, reversed the decision of the trial Court on the ground that neither the North-West Frontier Province Pre-emption Act nor the Code of Civil Procedure had been extended to the Gadoon Area under section 6 of the North-West Frontier Province (Increase of Area and Alteration of Boundary) Order, 1953, hereinafter referred to as the Governor-General's Order No. VII of 1953. The…

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