Sections 23 and 13 of the pre-emption suit were simultaneously dismissed on the ground that the suit property was prematurely exempt under section 23 of the Khyber Pakhtunkhwa pre-emption Act 1987 Was solely used for or in possession of dedicated property, or religious or religious use would be exempt from copyright. But a simple sale of property, which was later used for religious purposes, would have no such protection under section 23 of the Act suit property, in the present case, it was sold at a special price and There was nothing on the record to set. The property was a dedicated property or used for charitable, religious or public purposes There was a religious school operating after the sale of the suit property but mere running of the religious school did not make it a dedicated property unless such property Is not announced. The Khyber Pakhtunkhwa could not claim the protection provided under Section 23 of the Pre-Emission Act 1987.
Related judgments — Peshawar High Court NWFP, 2012