2018 PLP 6 (CLCN)
SULTAN JAMIL — Petitioner Versus RAHMAN GHANI — Respondent
| Citation | 2018 PLP 6 (CLCN) |
| Forum / Court | Peshawar (Mingora Bench) |
| Bench Members | N/A |
| Parties | SULTAN JAMIL — Petitioner Versus RAHMAN GHANI — Respondent |
| Primary Law | Khyber Pakhtunkhwa Pre-emption Act (X of 1987) |
Q1: What are the key laws and sections cited in 2018 PLP 6 (CLCN)?
This judgment primarily cites: Khyber Pakhtunkhwa Pre-emption Act (X of 1987) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 PLP 6 (CLCN)?
The case was heard and decided by the Peshawar (Mingora Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 PLP 6 (CLCN) (SULTAN JAMIL — Petitioner Versus RAHMAN GHANI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Riaz Jan Bunery for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
S. 24(3)
Zar-i-shufa/sale price deposited by the plaintiff
Withdrawal of Zar-i-shufa by plaintiff
Effect
Applicant/plaintiff assailed order and judgment of two courts below dismissing his suit for pre-emption
Respondent/defendant contended that as the plaintiff had withdrawn the deposited Zar-i-shufa, his suit stood legally dismissed
Record showed that the pre-emption money/sale price was deposited by the plaintiff and said amount had already been withdrawn by the plaintiff
Section 24(3) of Khyber Pakhtunkhwa Pre-emption Act, 1987 provided that where the plaintiff had withdrawn the sum deposited the suit would be dismissed
Petitioner/plaintiff had admitted that he had withdrawn his deposited amount of 1/3rd sale price of the property, therefore the suit was liable for dismissal
Revision petition was dismissed accordingly. [Paras. 6 & 7 of the judgment]
Judgment & Decree
MOHAMMAD IBRAHIM KHAN, J.
Sultan Jamil Petitioner herein, in order to exercise his right of pre-emption against Vendee Rahman Ghani (hereinafter called as Respondent) since dead now represented by his LRs is seeking possession in view of the attestation of mutation bearing No. 1524 dated 11.07.2002. It is regard to the suit land identified through survey/khasra Nos. 1394 out of 3 kanals 12 marlas half of its share 1 kanal 16 marlas, khasra No. 1619 measuring 3 kanals 8 marlas out of which 34/68 shares come out to 1 kanal 14 marlas, khasra No. 1617 measuring 3 kanals 6 marlas out of which 21/142 shares, Khasra No. 1618 measuring 41 kanals 3 marlas out of which 883/4998 i.e. 6 kanals 19 marlas or whatever khasra numbers are found correct as per revenue record or land under the sale bearing No.2524 dated 11.07.2002 as per 'fardjamabandi' for the year 2000/2001. There is also a prayer for obtaining permanent injunction that since transaction is pre-empted therefore the land in question shall not be alienated by way of sale.
2. This claim was hotly resisted by filing written statement on behalf of Rahman Ghani since dead now represented by his LRs raising various legal and factual objections. Out of the divergent pleadings of the parties, the learned Civil Court framed the following issues:-
3. Parties were given free hand to adduce evidence in respect of their claims. The learned Civil Court was pleased by its judgment contained in suit No. 90/1 decided on 11.09.2003 being failed to prove his claim, the suit of Petitioner (hereinafter called as Plaintiff) was dismissed. Thereby further direction was made that if the Zar-i-Shufa'/sale price deposited may be allowed withdrawn.
4. Next off, the matter was taken before the Court of learned Additional District Judge-II Buner in Civil Appeal No. 18/13 and by the judgment dated 17.03.2005 the findings of the learned Trial Court were maintained leaving the appeal dismissed.
5. This is a Civil Revision with the following prayer:- "On acceptance of this Revision Petition to set aside both the impugned judgments of the Courts below and to grant the decree as prayed for. Revision Petition against the order and judgment of the learned Additional District Judge-II Buner vide which the appeal against the order and judgment of the learned Senior Civil Judge, Buner dated 11.09.2003 was dismissed."
6. After hearing learned counsel for the parties at length on 24.5.2017, the learned counsel for the Respondent informed the Court that the pre-emption money/sale price come out to Rs. 73,335/- was deposited at Serial No. 1288 dated 19.11.2002 and this amount has already been withdrawn under Serial No. 1409 on 08.12.2006. According to section 24 of the N.W.P.F (Now Khyber Pakhtunkhwa) Pre-emption Act, 1987, which reads as under:-
24. Plaintiff to deposit sale price of the property. (1) In every suit for pre-emption the Court shall require the plaintiff to deposit in such Court one-third of the sale price of the property in case within such period as the Court may fix: Provided that if no sale price is mentioned in the sale-deed or in the mutation, the Court shall require the deposit of one-third of the probable value of the property. (2) Where the Plaintiff fails to deposit one-third of the sale price or the probable value of the property within the period fixed by the Court, his suit shall be dismissed. (3) Where the Plaintiff withdraws he sum deposited under subsection (1), his suit shall be dismissed; (4) Every sum deposited under subsection (1) shall be liable for the discharge of costs. (5) The probable value fixed under subsection (1) shall not affect the final determination of the price payable by the pre-emptor.
7. Here subsection (3) of section 24 of Khyber Pakhtunkhwa Pre-emption Act, 1987 states that where the plaintiff withdraws the sum deposited under subsection (1), his suit shall be dismissed. Today learned counsel for the Petitioner has confirmed that the Petitioner (hereinafter called as Plaintiff) has withdrawn his deposited amount of one-third sale price of the property, therefore the suit being liable for dismissal. Hence, this Revision Petition stands dismissed having become infructuous. MQ/153/P Revision dismissed.