MUHAMMAD ASHRAM KHAN AND AN OTHER vs Mst. SAID JAN AND 5 Other — 1970 SCMR 775

Citation: 1970 SCMR 775

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MUHAMMAD ASHRAM KHAN AND AN OTHER vs Mst. SAID JAN AND 5 Other

Headnotes

Case cited as 1970 SCMR 775

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: MUHAMMAD ASHRAM KHAN AND AN OTHER vs Mst. SAID JAN AND 5 Other Case No.:Civil Petition for Special Leave to Appeal No. 36-P of 1969 C. R. No. 103 of JUDGMENT Reported As: 1970 SCMR 775 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is a, petition for, special, leave to appeal ---from the judgment of a learned Single. Judge of the High Court of West Pakistan, Peshawar Seat, dismissing, a second appeal. This appeal arose out of a suit for pre-emption. The suit was filed by the present petitioners for pre- empting a transaction of sale in respect of a plot of land situated in Khasra No. 3714/4 of village Seer Gharbi and a haveli situated in the abadi the said village. The pre-emptor alleged that Allah Ditta, the' respondent No., 6 herein sold the above mentioned. Bahadur Khan, the predecessor-in-interest of respondents Nos. 1 to 5, for Rs. 1,700 but in order to defeat the pre-emptive right of the petitioners disguised the transaction as an exchange. The suit was resisted by the vendee who alleged that the haveli and the agricultural land had not been transferred to him in the same transaction. The haveli had been sold independently to him some time in the year 1950 and the transfer of the agricultural land was really an exchange and not a sale as would be apparent from the exchange Mutation No. 1759. The pre-emption suit regarding the haveli was, in any event, barred…

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