Law: Khyber Pakhtunkhwa Pre-emption Act, (X of 1987)

Section: 13

Law: Khyber Pakhtunkhwa Pre-emption Act, (X of 1987)

Section: 13

Law: Transfer of Property Act, 1882

Section: 52

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)-------S. 13---Qanun-e-Shahadat (10 of 1984), Art. 113---Pre-emption suit---Admitted fact---Talb-e-Ishhad---Proof---Vendee contended that notice of Talb-e-Ishhad was not proved as pre-emptor failed to produce 'Acknowledgement Due Cards' of postal service---Validity---Such contention of vendee was misconceived as vendee had admitted receipt of notice of Talb-e-Ishhad in his written statement---Admission of vendee was binding on him and in terms of Art. 113 of Qanun-e-Shahadat, 1984, admitted fact needed no proof. (b) Words and phrases--- ----'During'---Defined. Black's Law Dictionary 6th Edition and Chambers Concise 20th Century Dictionary ref. (c) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Transfer of Property Act (IV of 1882), S. 52---Constitution of Pakistan, Art. 23---Pre-emption suit---Talbs---Proof---Right to acquire property---Principle of lis pendens---Applicability---Vendee transferred suit property to his wife, one day prior to filing of suit by pre-emptor---During trial pre-emptor impleaded wife of vendee also as defendant---Plea raised by vendee was that no requisite Talbs were performed by pre-emptor to enforce his right of pre-emption against subsequent transferee---Contention of pre-emptor was that principle of lis pendens was applicable to subsequent transfer in favour of wife of vendee---Validity---Principle of lis pendens was an equitable doctrine to protect property under lis from any prospective decree in suit---Every individual citizen had got fundamental right to acquire, hold and dispose of property in accordance with law in terms of Art.23 of the Constitution---Subsequent transfer deed was executed one day prior to filing of the suit and was registered on the next day i.e. when the suit was filed, therefore, principle of lis pendens was not applicable---Pre-emptor did not perform Talb-e-Muwathibat or Talb-e-Ishhad regarding subsequent sale nor he alleged any such Talb in his plaint---Plaintiff also did not adduce any evidence in such regard which was sine qua non for successful exercise of right of pre-emption---Subsequent sale was an independent transaction, which was…

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