dated 17th July 1967. 17. The learned counsel for the appellant while relying on Sher Afzal Khan v. Haji Ghulam Mehbub and others — 1968 PLD 81

Citation: 1968 PLD 81

Court: Peshawar High Court

Year: 1969

Decision Date: 1969-06-19

Parties: ABDUL MAJID KHAN (REPRESENTED BY HEIRS) vs SHAHZADA ASIF JAH

Headnotes

argued that improvement of status by the defendant-vendee (appellant) by his exchanges during the pendency of the suits in spite of the amendment in section 17 of the N.W. Pre-emption Act, entitles him to gain equal right of pre--emption with the plaintiff--respondents under section 16 of the Act.

Judgment Text

Court Name: Peshawar High Court Judge(s): Qaisar Khan, Shah Zaman Babar Title: ABDUL MAJID KHAN (REPRESENTED BY HEIRS) vs SHAHZADA ASIF JAH Case No.: Regular Second Appeal No. 14 of 1963 Date of Judgment:1969-06-19 Reported As: PLD 1970 Peshawar 37 Result: Appeals dismissed JUDGMENT JUDGMENT SHAH ZAMAN BABAR, J.-This appeal (R. S. A. No. 14 of 1963) and R. S. A. No. 15 of 1963 arise out of the same sale in favour of Abdul Majid Khan vendee --appellant. The points of law are common in both the appeals. Both the appeals are, therefore, disposed of by this judgment. 2. Abdul Majid Khan defendant-appellant (who has died during the pendency of the appeal and is represented by his legal representatives) was owner of excessive landed property, including the suit property. By Mutation No. 1135, attested on 21-11-1941, Abdul Majid Khan gifted the suit property along with other land in favour of his three sons, namely, Muhammad Akram, Gohar Aman and Hakam Khan. By Mutation No. 481, attested on 26-7-1960, the three sons are purported to have sold the Suit Khasra No. 16 (Appeal No. 14/63) measuring 222 kanals situated in village Timbri Tehsil Mansehra and Khasra No. 258 (Appeal No. 15/63) measuring 86 kanals 17 marlas of the same village along with other land in favour of their father Abdul Majid Khan. This sale was pre-empted by two suits. Suit No. 191/1 of 1961 was instituted by Shahzada Asif Jah, minor son of Muhammad Haroon, through his next friend Muhammad Hanif Khan against…

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