Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ---S. 13---Talb-i-Muwathibat, performance of---Requirements---Plaintiff had not produced informer in the court who allegedly had her about the disputed sale---No reason was given as to why said witness could not be produced---Person in whose presence plaintiff declared her intention to pre-empt the sale transaction was necessary to be produced to establish right of pre-emption---Non production of informer who was also marginal witness of notice of Talb-i-Ishhad would be fatal to the exercise of right of pre-emption---Solitary statement of the plaintiff to establish performance of Talb-i-Muwathibat was not sufficient without independent corroboration---Plaintiff was well versed with the sale of suit land prior to alleged date of Talb-i-Muwathibat---Plaintiff had not fulfilled the requirements of S. 13 of the Khyber Pakhtunkhwa Pre-emption Act, 1987 in proving the essential demand---Findings of the Appellate Court were based on wrong and illegal appreciation of evidence and law qua the performance of Talb-i-Muwathibat---Revision petition was accepted and impugned and decree of the Appellate Court was set aside and that of Trial Court was maintained. Amin-ud-Din's case 2003 CLC Lah. 1775; Abdul Rehman's case 2007 SCMR 1491 and Muhammad Ijaz v. Abdul Hameed Civil Revision No.273 of 2006 rel. THIS JUDGMENT DELIVERED BY: MRS. IRSHAD QAISER, J.--- This revision petition is directed against the judgment and decree dated 19-6-2007 passed by the Additional District Judge-I, Haripur, whereby, appeal filed by the present respondent against the judgment and decree dated 28-9-2005 of Civil Judge-VIII, Haripur was accepted and suit of the respondent was decreed. 2. The brief and essential facts leading to the present petition are that the present respondent instituted a suit on 6-4-2002 for possession exercising her right of preemption in respect of property comprised in 'Plot' No.136 measuring lsKanalc situated in 'Sector No.1 Khalabat Township, Tehsil & District Haripur surrounded by; towards east house of Amanat Shah, towards west plot of Mst. Tameela Bibi respondent, towards north house of Chan Muhammad alias Manna…

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