Law: Khyber Pakhtunkhwa Pre-emption Act, (X of 1987)

Section: 13,14

Law: Khyber Pakhtunkhwa Pre-emption Act, (X of 1987)

Section: 13,14

Law: Qanun-e-Shahadat (10 of 1984)

Section: 132,133,129(g)

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)-------Ss. 13 & 14---Qanun-e-Shahadat (10 of 1984), Arts.132 & 133---Civil Procedure Code (V of 1908), O.III, Rr.1 & 2---Pre-emption suit---Talb-e-Muwathibat, performance of---Informer of jumping demand and witness of notice of Talb-e-Ishhad appointed as attorney by pre-emptor for conducting suit on his behalf---Examination of such attorney as sole witness to prove performance of Talb-e-Muwathibat by pre-emtpor---Validity---Performance of such Talb being personal knowledge of pre-emptor could be proved only by his own statement after facing test of cross-examination by opposite party---Nothing was on record to justify non-appearance of pre-emptor in court due to his sickness or being out of country or serving in far-flung areas---Pre-emptor had performed Talb-e-Muwathibat only in presence of such informer---Statement of such informer, unless corroborated by pre-emptor, could not be considered for proof of performance of Talb-e-Muwathibat---Non-appearance of pre-emptor as witness without any cogent reason had not only created doubts regarding credibility of performance of such Talbs, but resulted into drawing against him adverse inference thereof and statement of his attorney could not be blindly relied upon---Pre-emptor had failed to prove such Talbs---Suit was dismissed in circumstances. Fazal Rehman v. Khurshid Ali and another 2012 SCMR 1106; Mst. Hussan Bano v. Vali-ur-Rehman 2007 SCMR 1344; Mst. Lalan Bibi v. Muhammad Khan 2007 SCMR 1193; Muhammad Mal Khan v. Allah Yar Khan 2002 SCMR 325; Hamayun Naseer v. Muhammad Saeed Akhtar 2007 CLC 809; Muhammad Ali Khan and others v. Abdul Hafeez 2012 MLD 242 and Sarfaraz Khan v. Abdul Qayyum 2008 YLR 101 rel. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 13 & 14---Qanun-e-Shahadat (10 of 1984), Arts.132 & 133---Civil Procedure Code (V of 1908), O.III, Rr.1 & 2---Pre-emption suit---Talb-e-Muwathibat, performance of---Informer of jumping demand and witness to notice of Talb-e-Ishhad appointed as attorney by pre-emptor for conducting suit on his behalf---Examination of such attorney as sole witness regarding performance of…

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