2014 PLP 1585 (MLD)

ABDUL LATIF KHAN, J.

The instant revision petition is directed against the order dated 13-11-2013 of the learned District Judge, D.I. Khan whereby the appeal has been dismissed.

2. Short facts of the instant revision petition are that the petitioner-plaintiff filed a suit for possession through pre-emption along with an application for temporary injunction against the respondents-defendants. The respondents-defendants appeared before the learned trial court and contested the suit by filing their written statement and reply. The learned trial court after hearing the learned counsel for the parties, dismissed the application for temporary injunction of the petitioner. The petitioner-plaintiff preferred an appeal before the learned appellate court which was also dismissed on 13-11-2013, hence the instant revision petition.

3. Learned counsel for the petitioner heard and perused the available record.

4. The perusal of record reveals that the petitioner-plaintiff has moved an application for issuance of temporary injunction till disposal of the suit to the effect that the respondents-defendants be restrained from alienating the suit property or changing nature of the same till disposal of the suit.

5. The N.-W.F.P. Pre-emption Act, 1987 provides special procedure to meet the eventuality of improvements made in the status of immovable property and vendee after the institution of suit. The provisions of sections 21 and 22 of the N.-W.F.P. Pre-emption Act, 1987 are reproduced below:-- "

21. Improvements made by the vendee.

Where a vendee has made any improvements in the immovable property before Talb-i-Ishhad is made by the pre-emptor under subsection (3) of section 13, the vendee shall be entitled to the cost of such improvements." "

22. Improvement made in the status of the vendee defendant after institution of suit. Any improvement made in the status of a vendee defendant after institution of suit for pre-emption (otherwise than through inheritance) shall not affect the right of pre-emption-plaint".

6. The bare reading of above referred sections of law speaks about the mechanism to meet the situation, where nature of property or status of vendee or property is changed. The provisions of issuance of grant of temporary injunction in favour of the pre-emptor or otherwise, in pre-emption cases are not attracted due to the above referred mandate of law. In case of transfer of property after the institution of suit by the pre-emptor the right of plaintiff shall not be affected and similarly any change in nature of property would not affect the rights of plaintiff. This leads to conclusion that pre-emption being special law, has prescribed a special procedure regarding improvements and change the status and nature of property in any manner and status of vendee and like other civil cases not open to attract the preventive orders to maintain status quo.

7. The petitioner was unable to point out perversity in the impugned order passed by learned trial court, however, the petitioner is directed to move an application before the learned trial court for spot inspection if any construction raised in order to assess whether improvements made or otherwise qua the time of improvements.

8. For the foregoing reasons, the instant revision petition being bereft of merits, is dismissed in limine. AG/297/P Revision dismissed.