SAID-UR-REHMAN vs RAJ MUHAMMAD Ss — 2021 CLC 1206 PESHAWAR-HIGH-COURT

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SAID-UR-REHMAN VS RAJ MUHAMMAD Ss.13 & 20---Civil Procedure Code (V of 1908), O.XLI, R.31---Suit for pre-emption---Pre-emption, right of---Compromise between the parties in a pre-emption suit---Scope---Two pre-emptors filed separate suits for possession through pre-emption, however, the vendee/defendant entered into compromise with one of them---Petitioner (rival pre-emptor with whom the vendee had not entered into compromise) contended that High Court earlier had remanded the matter concurring with his version that compromise between pre-emptor and the vendee could not be effected in suit for pre-emption---Held, that presumption drawn in the impugned order was not correct as earlier High Court remanded the matter but not on the basis that pre-emption suits could not be decided through compromise---High Court had actually remanded the matter to Appellate Court for re-writing of judgment, as the evidence was not properly construed in true perspective/mandate of O.XLI, R.31, C.P.C---Matter was remanded irrespective of the fact of compromise so that the rights of rival pre-emptor might not be adversely affected keeping in view the provisions of S.20 of Khyber Pakhtunkhwa Pre-emption, 1987---Had there not been the suit of rival pre-emptor, there was no hurdle for entertaining compromise for the purpose of amicable settlement and decision of the suit filed by the pre-emptor with whom the vendee had compromised---When the case of rival pre-emptor was not in field, then there was no hurdle for the Court from accepting the compromise and decreeing suit in favour of pre-emptor on the basis of statement made by the vendee who was present in Court and had no objection if the suit was decreed in favour of the other pre-emptor---High Court decreed the suit of the petitioner/pre-emptor in whose favour the vendee had entered into a written compromise---Revision petition of the said pre-emptor was allowed and that of the rival pre-emptor was dismissed, in circumstances.

SAID-UR-REHMAN vs RAJ MUHAMMAD Ss — 2021 CLC 1206 PESHAWAR-HIGH-COURT

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