Law: North West Frontier Province Preemption Act, (X of 1987)

Section: 13

Law: North West Frontier Province Preemption Act, (X of 1987)

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) North-West 'Frontier Province Pre-emption Act (X of 1987)-------S. 13---Pre-emption suit against several sale mutations---Talb-e-Muwathibat, performance of---Proof---Date, time and place of performance of such Talb mentioned in plaint, but failure of pre-emptor and his witness to point out during evidence place where such Talb was made---Pre-emptor's admission during cross-examination that he did not remember that how many times he made such Talb---Effect---Mentioning of date, time-and place of performance of such Talb in plaint and evidence was necessary, if anyone of them was missing, then such Talb would be incomplete---Plaintiff was required to make such Talb in respect of each sale mutation---Nothing on file and in pre-emptor's evidence was available to show that as to how many times such Talb was made by him---Plaintiff had failed to prove performance of such Talb in accordance with law---Suit was dismissed in circumstances. (b) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13---Pre-emption suit---Talb-e-Ishhad, notice of---Copies of such notice, postal receipt and AD card annexed with plaint---Denial of vendee to have received such notice---Failure of pre-emptor to examine Postman---Effect---Burden in case of such denial shifted to pre-emptor to prove service of such notice upon vendee---Pre-emptor had failed to produce Postman to prove due service of such notice---Suit was dismissed in circumstances. Ahmad v. Ghulam Rasool 2010 SCJ 643 rel. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Scope---Concurrent findings of courts below---Such finding could not be set at naught by High Court without establishing same to be either perverse or erroneous. Abdur Rahim and another v. Mst. Jantay Bibi and others 2000 SCMR 346, Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291 and Muhammad Rasheed Ahmad v. Muhammad Siddique PLD 2002 SC 29 rel. Faqir Mehboob-ul-Hameed Khan for Petitioner. ORDER ATTAULLAH KHAN, J.--- This judgment shall also dispose of Civil Revisions Nos.321, 322, 323, 324 and 325 of 2010, because common questions of law and facts are involved therein. 2. Facts of the cases are that the…

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