REHMAT SHAH and others vs BAD SHAH KHAN and others
This matter concerns a petition for leave to appeal against a judgment of the Peshawar High Court regarding a pre-emption suit. The respondents had filed a suit based on superior rights of participators in immunities and appendages and ownership of contiguous property. The trial court decreed the suit, and the District Judge subsequently upheld the exemption findings while modifying the market value determination. The petitioners challenged the High Court's dismissal of their revision petition, arguing that the suit was decided after the target date of 31-7-1986, established by the Shariat Appellate Court of the Supreme Court, rendering the plaintiffs ineligible for a decree. Furthermore, the petitioners contended that under section 35(3) of the N.-W.F.P. Pre-emption Act, 1987, the case should have abated, extinguishing the pre-emptive right. Upon review, the Supreme Court determined that the legal arguments raised by the petitioners regarding the impact of the Shariat Appellate Court's judgment and the subsequent statutory enactment required detailed judicial consideration. Consequently, the Court granted leave to appeal to examine these substantial questions of law.
- Whether a pre-emption suit decided after the target date of 31-7-1986 is maintainable in light of the Shariat Appellate Court judgment?
- Does section 35(3) of the N.-W.F.P. Pre-emption Act 1987 cause the abatement of pending pre-emption suits?
- Section 5(c), N.-W.F.P. Pre-emption Act 1950
- Section 35(3), N.-W.F.P. Pre-emption Act 1987
ORDER
1. USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioners against the judgment of the Peshawar High Court, dated 16-4-1989, arising out of pre-emption suit brought by the respondents against the petitioners on the basis of superior right of participators in immunities and appendages and owners of contiguous property. The vendees/petitioners contested the suit. The learned trial Court decreed the suit of the plaintiffs on payment of Rs,70,000 vide order, dated 11-12- 1986. Both the parties filed separate appeals before the District Judge Kohat. The pre-emptor challenged the market value and the vendees challenged the exemption from pre-emption contained under section 5(c) of the N.-W.F.P. Pre-emption Act, 1950, not afforded to them by the trial Court. The learned District Judge vide his judgment, dated 20-1-1987 confirmed the view taken by the learned trial Judge as regards exemption from pre-emption whereas the appeal of the pre- emptor with regard to the fixation of the market value was allowed. The revision petition of the vendees/petitioners before the Peshawar High Court was dismissed, vide impugned judgment.
2. We have heard the learned counsel for the petitioners and have gone through evidence on record.
3. The learned counsel contended that the suit against the petitioners was decided on 11-12-1986 when the plaintiffs/respondents were not entitled to a decree after 31-7-1986, the target date according to Shariat Appellate Court judgment of this Court. It is also urged that under subsection
(3) of section 35 of Act X of 1987 (enacted on 28-4-87) the case shall stand elapsed and no such pre-emptive right can he claimed.
4. ' After hearing the learned counsel for the petitioners we are of the opinion that the contention raised by the learned counsel involves point of law which needs consideration of this Court. Leave to appeal is granted. Security is Rs,5,000. Appeal is to be prepared on the present record and the parties arc allowed to file additional documents, if any.