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Civil Petition No. 289-R of 1985, decided on 11th December, 1985.
(On appeal from the judgment and order, dated 25-3-1985 passed in Writ Petition No. 117 of 1981 by the Peshawar High Court, Peshawar).
---Art. 185(3)--North-West Frontier Province Pre-emption Act (XIV of 1950), S. 12--Leave to appeal granted to consider--Whether High Court was in error to follow decision by Shariat Bench in case of Haji Naimatullah Khan and another v. Government of Pakistan through Ministry of Law P L D 1979 Pesh. 104 and to deny the petitioner right to pre-empt sale in capacity of a tenant, and as to factum of petitioner's actual possession not being taken into consideration as against entries in Misl-e-Haqiat while seeking to enforce his right of pre-emption on date of sale and thereafter.
Ch. Akhtar Ali, Advocate-on-Record, Supreme Court of Pakistan for Petitioner.
Nemo for Respondents.
--Leave to appeal is granted to the petitioner to consider:-
(a) Whether the High Court was in error to follow the decision by the Shariat Bench in the case of Haji Naimatullah Khan and another v . Government of Pakistan through Ministry of Law PLD 1979 Pesh. 104, and so to deny the petitioner the right to pre-empt the sale in the capacity of tenant; and
(b) As to the factum of his actual possession not being taken into consideration as against the entries in Misl-e-Haqiat while seeking to enforce his right of pre-emption on the date of sale and thereafter.
Security for costs Rs.2,000. Meanwhile status quo as to possession. Appeal arising from the petition shall be heard on the present record with liberty to the parties to file fresh documents, if any.
M.I. Leave granted.
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