1991 PLP 172 (SCMR)
PIR MUHAMMAD KHAN and others‑‑‑Petitioners Versus AZIZ MUHAMMAD and others‑‑‑Respondents
| Citation | 1991 PLP 172 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, CJ. and Rustam S. Sidhwa, J |
| Parties | PIR MUHAMMAD KHAN and others‑‑‑Petitioners Versus AZIZ MUHAMMAD and others‑‑‑Respondents |
| Primary Law | North‑West Frontier Province Pre‑emption Act (XIV of 1950)‑‑‑ |
Q1: What are the key laws and sections cited in 1991 PLP 172 (SCMR)?
This judgment primarily cites: North‑West Frontier Province Pre‑emption Act (XIV of 1950)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 172 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, CJ. and Rustam S. Sidhwa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 172 (SCMR) (PIR MUHAMMAD KHAN and others‑‑‑Petitioners Versus AZIZ MUHAMMAD and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Hakeem Khan, Senior Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioners.
- Ch. Akhtar Ali, Advocate‑on‑Record for Respondent No.1.
- Date of hearing: 24th February, 1990.
Headnotes / Summary
1990. (On appeal from the judgment of the Peshawar High Court, dated 2‑7‑1988, in Civil Revision No.20 of 1983). ‑‑‑‑S. 12‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Petitioners initially exchanged their land with non‑contesting respondents under the assessment of market price shown in the revenue record‑‑‑Subsequently sale mutation in favour of petitioners was got entered by non‑contesting respondents in respect of the land previously acquired by them in exchange against the price as was shown in revenue record at the time of exchange mutations‑‑‑Contesting respondent, filed pre‑emption suit against petitioners alleging that transaction was basically a sale but had been camouflaged as an exchange‑‑‑Respondent's pre‑emption suit was decreed‑‑‑Petitioners' appeal and revision both failed‑‑‑Leave to appeal‑‑Three Courts below were correct in holding that under the guise of exchange, non contesting respondents had actually sold the land to petitioners‑‑‑Record showed that sale consideration was received by one of the respondents‑‑‑In exchange mutations, no statement of non‑contesting respondents was recorded to the effect that they had exchanged land with petitioners‑‑‑Fact that Courts below treated such omission as adversely affecting petitioners' case appeared to be reasonable and fair in circumstances‑‑‑No ground, for granting leave to appeal‑‑‑Leave refused in circumstances.
Judgment & Decree
RUSTAM S. SIDHWA, J.‑‑‑ Pir Muhammad Khan and others seek leave to appeal against the judgment of the Peshawar High Court, Circuit Bench, Abbottabad, dated 2nd July, 1988.
2. By Mutations Nos. 445 and 446 attested on 4th June, 1977, Pir Muhammad Khan and his two brothers petitioners, on one side and Mst. Amir Khanum and Mst. Bibi Maryam respondents Nos.2 and 3, on the other, ostensibly exchanged 2 Kanals and 14 Marlas of their respective lands under the assessment of market price shown as Rs.4,
000. On 11th August, 1977, a sale mutation in favour of the petitioners was entered by respondents Nos. 2 and 3 in respect of the land previously acquired by them in exchange against the price of Rs.4,
000. The Revenue Officer ordered the examination of the two ladies by Local Commissioner, since they were Parda Nashin. It appears that only the statement of Mst. Bibi Maryam was recorded by the Local Commissioner, who admitted to have sold her share to the petitioners and having received the consideration of Rs.4,
000. Accordingly, the sale mutation to the extent of her share was attested by the Revenue Officer on 4th February, 1978, showing partial consideration of Rs.1,714 against her name. One Aziz Ahmad respondent No.1 brought a pre emption suit against the petitioners, alleging that the transaction was basically a sale, but had been camouflaged as an exchange. The suit of respondent No.1 was decreed. The petitioners' appeal and revision both failed on 20th November, 1982 and 2nd July, 1988.
3. On behalf of the petitioners it is submitted that there is gross misreading of the evidence, that there was no evidence to show that any money had passed qua the sale alleged to have been made by respondents Nos.2 and 3 and that the omission on part of the petitioners to produce respondents Nos.2 and 3 to give evidence was not fatal to their case.
4. With the assistance of the learned counsel for the petitioners, we have gone through the evidence. We have no hesitation in coming to the conclusion, as did the three Courts below, that under the guise of an exchange, respondents Nos. 2 and 3 had actually attempted to sell the disputed property to the petitioners. With regard to the submission that no consideration passed for the sale, the endorsement made by the Revenue Officer covering mutation, dated 4th February, 1978, shows that Mst. Bibi Maryam in her statement, which was recorded had admitted that she had received the full sum of Rs.4,
000. This shows that sale consideration was received. As regards the last submission of the learned counsel, we fail to see why the petitioners did not care to have the statements of respondents Nos. 2 and 3 recorded, if it really was their case that they had exchanged lands with the said respondents. The fact that the Courts below treated the omission as adversely affecting the petitioners' case appears to be reasonable and fair in the circumstances. Taking all circumstances into consideration, we see no good grounds for granting leave to appeal in this case. This petition is, therefore, rejected. AA./P‑131/S Petition rejected.