Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Right of pre-emption, exercise of---Mode---Talb-i-Muwathibat, performance of---Requirements---Provisions of S. 13 of Khyber Pakhtunkhwa Pre-emption Act, 1987 were mandatory and prohibitory---Non-performance of talbs necessary for establishment of right of pre-emption would expose the pre-emptor to be non-suited---No particular mode or manner for expression of intention of pre-emptor had been prescribed in the provisions of S. 13 of Khyber Pakhtunkhwa Pre-emption Act, 1987 but some words still had to be uttered by him/her which would support and indicate the intention of pre-emptor to exercise the right of pre-emption---Queries, inquiry and investigation with regard to the sale from any person/informer without expressing his intention by words could not be substituted for the first express demand---Any such detailed inquiry and investigation with regard to the measurement, kind, location and price of property sold, after acquiring knowledge of sale, without expressing intention in unequivocal terms to exercise right of pre-emption was against the mandate of S. 13 of Khyber Pakhtunkhwa Pre-emption Act, 1987---Pre-emptor had not stated even a single word with regard to his intention to exercise right of pre-emption but had expressed his right of pre-emption on 22-12-2004 while he had acquired knowledge of the sale of suit property on 15-12-2004---Pre-emptor had waived his right of pre-emption in circumstances---Some specific words to be expressed was not the mandate of law to indicate intention to exercise the right of pre-emption but it was mandatory to express any word to indicate intention to exercise the right of pre-emption---Without indication of intention to exercise the right of pre-emption through any word, it could not be construed that Talb-i-Muwathibat had been performed and established in accordance with the provisions of S. 13 of Khyber Pakhtunkhwa Pre-emption Act, 1987---Incomplete, infructuous and erroneous kind of inquiry, with regard to sale transaction, could not be treated as "jumping demand"---Both the courts below had properly appreciated and construed the law through the impugned…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492