Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13--- Pre-emption suit---Talb-e-Muwathibat---Proof---Concurrent findings of fact by two courts below---Suit and appeal filed by pre-emptors were dismissed both by Trial Court and Lower Appellate Court---Pre-emptors failed to clarify that both Muazaz (respectable persons) were at one and the same place---Effect---Performance of requirement of Talb-e-Muwathibat which was prerequisite mandatory requirement of S. 13 of Khyber Pakhtunkhwa Pre-emption Act, 1987, for filing of suit for pre-emption, was not proved to have been fulfilled by pre-emptors---Pre-emptors having failed to perform requisite Talb in accordance with the provisions of section 13 of Khyber Pakhunkhwa Pre-emption Act, 1987, relevant issue was rightly decided against pre-emptors by the courts below---Judgments and decrees passed by two courts below neither suffered from mis-carriage of justice nor were result of mis-reading or non-reading of evidence on record---High Court did not find any illegality or material irregularity or jurisdictional error in the s, to warrant interference in its revisional jurisdiction---Revision was dismissed in circumstances. JUDGMENT SHAH JEHAN KHAN AKHUND-ZADA, J.---This revision petition has been directed against the judgment and decree dated 10-11-2010 of the learned Additional District Judge-II, Peshawar whereby he dismissed the appeal of Saifullah and others, petitioners/ plaintiffs against the judgment and decree dated 17-6-2010 of the learned Civil Judge-XVIII, Peshawar and upheld the judgment and decree of the learned trial Court. 2. Brief facts of the case are that Azad Khan plaintiff, now dead being represented through his legal heirs, (hereinafter to be referred as petitioners/ plaintiffs) instituted suit against Mst.Salma Baseer respondent/defendant for possession through pre-emption in respect of the suit property purchased by the respondent/ defendant through sale Mutation No.4685 attested on 5-1-1998 for a sale consideration of Rs.1,75,000. It was further alleged in the plaint that the pre-emptor is a co-sharer in the suit property, his property is also situated contiguous to the suit property…

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