Law:

Section:

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 6---Right of pre-emption---Superior right, determination of---Suit was decreed in favour of plaintiff---Plaintiff was shafi sharik, shafi khalit and shafi jar in the pre-empted khata, while the defendants had no such qualifications, therefore, he had got superior right of pre-emption---Effect---Land of the plaintiff was situated adjacent to the suit-land and he was co-sharer therein and the defendants were stranger and as such plaintiff had got superior right of pre-emption---Trial Court rightly appreciated the materials brought on record---Appeal was dismissed. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Plaintiff had to establish the performance of the three talbs in accordance with the requirements of law---Proof of performance of Talb-e-Muwathibat and Talb-e-Ishhad---Plaintiff had successfully proved his case through cogent and tangible evidence brought on record---Defendants had failed to rebut the same through any reliable evidence---Appeal having no merit was dismissed. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA, J.---This regular first appeal has been directed against the judgment and decree dated 26-9-2011 passed by the learned civil Judge-XII D.I.Khan, whereby suit of the plaintiff/ respondent, namely, Muhammad Aslam, for possession through pre-emption of the suit-land was decreed in his favour against the sale consideration of Rs.86,48,000. 2. Briefly stated facts of the case are that Muhammad Aslam son of Haji Allah Bakhsh, plaintiff/respondent, filed a suit in the court of Senior Civil Judge D.I.Khan against the defendants, namely, Noor Salam and five others, for possession through pre-emption in respect of the suit-land purchased through register Deed No.2121 dated 7-7-2008 measuring 45 kanals 13 marlas which is fully described in the plaint and situated in mouza Kotla Saidan, Tehsil and District D.I.Khan. The plaintiff based his claim on the basis of co-sharership, contiguity, immunities and appendages. It was also averred in the plaint that the suit-land was actually purchased for sale consideration of Rs. 27,39,000 at the rate of Rs.60,000 per kanal, but an inflated and…

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