SHAMROZ KHAN vs DR. LAL FAQIR KHAN AND 4 Other — 1970 SCMR 763

Citation: 1970 SCMR 763

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-24

Parties: SHAMROZ KHAN vs DR. LAL FAQIR KHAN AND 4 Other

Headnotes

Case cited as 1970 SCMR 763

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: SHAMROZ KHAN vs DR. LAL FAQIR KHAN AND 4 Other Case No.: Civil Appeal No. 12-P of 1967 C. A. No. 25/18 C. M. No. 35 of 1965 Date of Judgment:1970-03-24 Reported As: 1970 SCMR 763 Result: Appeal dismissed JUDGMENT JUDGMENT SAJJAD AHMAD, J.-This appeal, by special leave, arises out of a pre-emption suit which was decreed by the trial Court but dismissed, on appeal, by the Additional District Judge, Peshawar. In a further appeal to the High Court of West Pakistan, Peshawar Seat, a learned Single Judge upheld the judgment of the lower appellate Court. The transaction which was sought to be pre-empted was alleged to be a sale by the appellant who was the plaintiff-pre--emptor in the suit. The respondents, Dr. Lal Faqir Khan and his minor son, Akbar Khan, contended that it was a gift and as such not pre-emptible The transaction in question was made through a mutation bearing No. 4531 which was attested on the 18th of March 1954, whereby the land comprised in Khasra No. 2941 measuring 6 kanals and 11 marlas situated in the estate of Shabqadar was transferred by its owners, namely, Haji Muhammad Akram Khan and Mukarram Khan, by way of tamligh to the respondents aforesaid. This mutation was initially entered at the instance of the respondent Dr. Lal Faqir Khan on the 2nd of March 1954, as a sale mutation in favour of himself, his minor son, Akbar Khan and his mother…

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