AMANULLAH KHAN AND Others vs KHAN ATTAULLAH KHAN AND Other Case No — 1970 SCMR 651

Citation: 1970 SCMR 651

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-28

Parties: AMANULLAH KHAN AND Others vs KHAN ATTAULLAH KHAN AND Other

Headnotes

Result: Leave refused JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order, passed by a learned Single Judge of the High Court of West Pakistan, Peshawar Seat, in the revisional jurisdiction.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: AMANULLAH KHAN AND Others vs KHAN ATTAULLAH KHAN AND Other Case No.: Civil Petition for Special Leave to Appeal No. 3-P of 1970 Date of Judgment:1970-03-28 Reported As: 1970 SCMR 651 Result: Leave refused JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order, passed by a learned Single Judge of the High Court of West Pakistan, Peshawar Seat, in the revisional jurisdiction. It appears that on the basis of a decree dated the 27th September 1967, the petitioners and some others got 1167 kanals and 10 marlas of land, situated in village Masha Mansoor from one Hamidullah for Rs. 1,50,000. The respon--dent Ataullah Khan sought to pre-empt the transaction, alleging that it was really a sale by Hamidullah in favour of the petitioners. In this pre-emption suit a Civil Judge asked the pre-emptor to deposit Rs. 5,000 as the probable value of the land sought to be pre-empted under section 23, subsection (1) of the N.-W. F. P. Pre-emption Act, 1950. The petitioners went up in revision to the High Court against the said order, alleging that the amount had been fixed arbitrarily. According to them the probable value was the value mentioned in the decree, namely, Rs. 1,50,000. The High Court, however, took the view that since the lands were mostly Barani, Rs. 20 per kanal would be a fair assessment of the probable value of the land, and ordered the…

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