Law:

Section:

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)-------S. 13---Talbs, performance of---Requirements---Non-mentioning of date of demand through notice of Talb-i-Ishhad in the plaint---Effect---Truthfulness of witness---Scope---Proof of superior right of pre-emption, performance of Talb-i-Muwathibat and then Talb-i-Ishhad in their respective chronological order for successful exercise of right of pre-emption were necessary---Any deficiency in such legal requirements would render a pre-emption suit liable to be dismissed---Plaintiff, in the present case, had not mentioned the date of demand through notice of Talb-i-Ishhad in the plaint---Mentioning of date, time and place of making immediate demand as well as of demand through notice of Talb-i-Ishhad were mandatory requirements and omission of such particulars would be fatal for the suit of pre-emption---Plaintiff was bound to produce postman to prove service/delivery of notice of Talb-i-Ishhad but neither scribe of said notice nor postman was produced---Witnesses of plaintiff were contradictory to each other with regard to date of sending of notice of Talb-i-Ishhad and they were not truthful and trustworthy witnesses---Performance of notice of Talb-i-Ishhad had not been proved in the present case---Pre-emptor, in circumstances, had failed to comply with the mandatory provisions of talbs---Both the courts below had rightly dismissed the suit by properly appreciating evidence available on record---No infirmity, misreading or non-reading of evidence was found in the impugned s passed by the courts below---Revision was dismissed in circumstances. Mian Pir Muhammad and others v. Faqir Muhammad through L.Rs. PLD 2007 SC 302; Mst. Bashiran Begum v. Nazar Hussain and another PLD 2008 SC 559; Fazal-ur-Rehman v. Khurshid Ali and another 2012 SCMR 635; Muhammad Ismail v. Muhammad Yousaf 2012 SCMR 911; Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105; Basheer Ahmed v. Ghulam Rasool 2011 SCMR 762; Allah Ditta through L.Rs and others v. Muhammad Anar 2013 SCMR 866 and Muhammad Nazeef Khan v. Gulabat Khan and others 2012 SCMR 235 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of…

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