KHAISTA GUL vs MIAN GUL Case No — 1973 PLD 89

Citation: 1973 PLD 89

Court: Peshawar High Court

Year: 1969

Decision Date: 1969-06-12

Parties: KHAISTA GUL vs MIAN GUL

Headnotes

JUDGMENT JUDGMENT SHER BAHADUR KHAN, J.---Seventy-seven kanals one marla of land, situated in village Takel, Gadoon Area of Mardan District, was purchased by Mian Gul. The sale was pre-empted by Khaista Gal.

Judgment Text

Court Name: Peshawar High Court Judge(s): Sher Bahadur Khan, Shah Zaman Babar Title: KHAISTA GUL vs MIAN GUL Case No.: Second Appeal from Original Order No. 60 of 1964 Date of Judgment:1969-06-12 Reported As: PLD 1973 Peshawar 89 Result: A. JUDGMENT JUDGMENT SHER BAHADUR KHAN, J.---Seventy-seven kanals one marla of land, situated in village Takel, Gadoon Area of Mardan District, was purchased by Mian Gul. The sale was pre-empted by Khaista Gal. The suit for pre-emption was brought on 4-9-1962 in the Court of Civil Judge, Swabi. It will be proper to mention the fact that before this Khaista Gul had preferred a claim under section 8 of the Frontier Crimes Regulation, in the Court of the Assistant Commissioner. Swabi, which was decreed and when the matter came up for confirmation of the Award before the Commissioner, the file was remanded with the direction that such a claim in respect of the area in dispute should be referred to the civil Court. It was thereafter that the suit was brought in the Court of Civil Judge, Swabi, as earlier stated. 2. The main issues with which we are concerned at present are. (2) Whether the civil Court has no jurisdiction to try the-- suit The Court of first instance by its judgment and decree dated 11-12-62 came to the conclusion that the Law of Pre-emption applied to the Gadoon Area and that the civil Court had jurisdiction to try the suit. An appeal was taken to the Court of the learned District Judge, who by his judgment and decree dated…

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