AMANULLAH KHAN AND Others vs KHAN ATTAULLAH KHAN AND Other
This matter concerns a petition for special leave to appeal against an order passed by the High Court of West Pakistan in its revisional jurisdiction regarding the valuation of land in a pre-emption suit. The core legal question was whether the High Court correctly assessed the 'probable value' of the land for the purpose of ordering a deposit by the pre-emptor under the N.-W. F. P. Pre-emption Act, 1950. The Supreme Court dismissed the petition, holding that the assessment of the probable value of land at the interlocutory stage is not a function of the Supreme Court. The Court determined that no serious question of law was involved in the petition. The key principle laid down is that where a party disputes the valuation fixed for the purpose of a pre-emption deposit, the appropriate remedy is to raise the valuation as a specific issue within the trial of the pre-emption suit itself, rather than seeking appellate intervention at an interlocutory stage to determine factual assessments of land value.
- Is the assessment of the probable value of land for a pre-emption deposit a matter to be determined by the Supreme Court at the leave to appeal stage?
- What is the appropriate forum for a party to challenge the valuation fixed for a pre-emption deposit?
- Section 23(1), N.-W. F. P. Pre-emption Act, 1950
1. HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from an order, passed by a learned Single Judge of the High Court of West Pakistan, Peshawar Seat, in the revisional jurisdiction.
2. It appears that on the basis of a decree dated the 27th September 1967, the petitioners and some others got 1167 kanals and 10 marlas of land, situated in village Masha Mansoor from one Hamidullah for Rs. 1,50,000. The respon--dent Ataullah Khan sought to pre-empt the transaction, alleging that it was really a sale by Hamidullah in favour of the petitioners. In this pre-emption suit a Civil Judge asked the pre-emptor to deposit Rs. 5,000 as the probable value of the land sought to be pre-empted under section 23, subsection (1) of the N.-W. F. P. Pre-emption Act, 1950.
3. The petitioners went up in revision to the High Court against the said order, alleging that the amount had been fixed arbitrarily. According to them the probable value was the value mentioned in the decree, namely, Rs. 1,50,000. The High Court, however, took the view that since the lands were mostly Barani, Rs. 20 per kanal would be a fair assessment of the probable value of the land, and ordered the pre-emptor to deposit pre-emption money at the said rate within the period fixed by the Civil Judge.
4. The petitioners now seek special leave to appeal. N serious question of law is involved in this case and it is no' the function of this Court to make assessments of the probable value of the land at this stage. If the petitioners think that the amount of the consideration has been arbitrarily fixed, they should raise this point as an issue in the pre-emption suit itself, and have it decided in the trial Court.
5. This petition is, accordingly, dismissed.