Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 13, 31 & 32---Talbs, performance of---Limitation---Plaintiff filed pre-emption suit which was dismissed concurrently being time-bared and on account of non-fulfilment of requirements of Talbs---Validity---Period of one hundred and twenty days shall be computed from the date of attestation of the sale mutation---Provisions with regard to issuance of public notice by the Revenue Officer, provided under S. 32 of the Khyber Pakhtunkhwa Pre-emption Act, 1987, had no nexus with the period of limitation prescribed by S. 31 of the said Act for filing of pre-emption suit in respect of sale transaction effected through mutation---Suit of the plaintiff was time-barred as he instituted the suit beyond 120 days provided under S. 31 of the Act---Plaintiff-petitioner had prior knowledge of the sale transaction but he did not pronounce his intention to pre-empt the suit-land---Findings of the two courts below were in accordance with law because no misreading, non-reading of evidence or illegal exercise of jurisdiction could be pointed out by plaintiff---Revision was dismissed. Maulana Nur-ul-Haq v. Ibrahim Khalil 2000 SCMR 1305 rel. JUDGMENT MUHAMMAD DAUD KHAN, J.---This revision is directed against the judgment and decree of Additional District Judge/Izafi Zilla Qazi, Swat, camp Court Kabal dated 24-5-2012, vide which he dismissed the appeal of petitioner against the judgment and decree of Civil Judge-XIV/ Illaqa Qazi, Swat dated 21-5-2011. 2. The succinct but necessary facts forming the background of instant controversy are that the respondents/ defendants No.1, 2, 3 and 5 purchased the suit land from defendant No.4 through sale Mutation Nos.729, 730, 731 and 732, each attested on 24-10-2009, in Khasra Nos.957, 959, 960, village Dadhara, Tehsil Kabal, Swat. Petitioner/plaintiff instituted the suit for possession through pre-emption on said mutations of sale in the Court of Senior Civil Judge/A'ala Illaqa Qazi, Swat on 11-10-2010. The plaintiff averred in the plaint that the defendants Nos.1 to 6, to defeat the right of pre-emption of plaintiff/pre-emptor, collusively concealed the impugned mutations and did not…

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