Mst. MUMTAZ BEGUM vs Mst. MUKHTIAR BEGUM AND OTHERS
This matter arises from a petition for leave to appeal against the judgment of the Peshawar High Court, which dismissed in limine the petitioner's revision petition upholding the concurrent dismissal of her pre-emption suit regarding agricultural land. The core legal question concerns the alleged collusiveness of a transaction where the original vendees transferred the suit land to a subsequent vendee in recognition of his superior right of pre-emption. The Supreme Court held that the transaction between the first and second vendees occurred prior to the institution of the petitioner's suit, meaning it could not be deemed collusive or intended to defeat the petitioner's legitimate rights. The petition was accordingly dismissed, affirming that a transfer in recognition of a superior pre-emptive right made before the filing of a pre-emption suit is valid and unassailable on grounds of defeat of rights.
- Whether a transfer of land by initial vendees in recognition of a superior right of pre-emption prior to the institution of a pre-emption suit is legally valid?
- Can a transaction between a first vendee and a subsequent vendee made before the filing of a pre-emption suit be challenged as collusive to defeat the plaintiff's rights?
ORDER
' MIAN BURHANUDDIN KHAN, J.-Leave is sought against the judgment of the Peshawar High Court dated 17-11-1979 whereby revision petition filed by the petitioner was dismissed in limine.
2. The petitioner instituted a suit for pre-emption in respect of agricultural land measuring 28 kanals 1 marla consisting of five Khasra Nos. 312, 314, 356, 304 and 305 situated in village Jallarian, Tehsil and District Peshawar, sold by Abdul Latif vendor to respondents Nos. 1 to 3 on the basis of Mutation No, 1518 attested on 26-3-1976 on the ground of preferential right of pre-emption.
Respondents Nos. 1 to 3 vendees transferred the same land to Haji Taj Muhammad respondent No, 4 in recognition of his superior right of pre-emption. The suit was dismissed by the learned trial Court on 22-2-1979 with costs. The petitioner filed an appeal in the Court of the Additional District Judge which was also dismissed vide order dated 10-7-1979. Then a revision petition was filed in the Peshawar High Court which, as stated earlier, was also dismissed vide the impugned order.
3. Learned counsel for the petitioner has urged only one point before us relating to the collusiveness in the transaction between the first and the second vendees. We do not find any substance in this argument as the transaction between the two vendees i,e, the first and the second was made earlier than the institution of the suit by the Plaintiff/Petitioner and, therefore, it cannot be argued that there was any intention to defeat the petitioner as, regards her legitimate rights. The petition is dismissed.
Cited by 1 case
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