Law:

Section:

(a) Khyber Pakhtunkhwa Pre-emption Act (IV of 1987)--- ----S. 13--Qanun-e-Shahadat (10 of 1984), Art.117---Talbs, performance of-Burden of proof-Plaintiff an illiterate villager---Effect---Plaintiff averred in pleadings time and place of Talb-e-Mawathibat but failed to mention date of making Talb-e-Muwathibat in his deposition---Plaintiff though had given all the details regarding place, time and date of Talb-e-lshhad and even minor details of the incident of Talb-e-Mawathibat except the date thereof-Pleadings of parties were of no avail if those had not been substantiated by producing cogent and confidence inspiring evidence-Plaintiff could not claim benefit of omission as 'illiterate villager' as there were no legal provisions to treat case of villager at variance from citizens hailing from urban area -Plaintiff was unable to discharge burden of proof regarding performance of Talb-e-Muwathibat in terms of Art.117 of Qanun-e-Shahadat, 1984 and decree of lower courts were set aside in circumstances. (b) Pleadings-- ----Pleadings of parties were of no avail if those had not been substantiated by producing cogent and confidence inspiring evidence. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Concurrent findings---When courts below had misread record of case and concluded perverse concurrent findings, High Court in its revisional jurisdiction was vested with powers to set aside orders of courts below---Order accordingly. JUDGMENT ABDUL LATIF KHAN J.--This revision petition has been preferred against the judgment and decree dated 30-4-2009 passed by the appellate Court Peshawar, whereby the appeal filed by petitioners against the judgment and decree dated 30-6-2008, passed by learned Civil Judge-III, Swabi, was dismissed. Arguments heard record perused. 2. A perusal of record reveals that the respondents filed a suit for possession through preemption against Zareen now dead vendee in respect of property in dispute which was contested by defendant and after recording pro and contra evidence, the suit was decreed by the trial Court vide impugned judgment and decree. It is averred in para.2 of the plaint that the plaintiff acquired knowledge of sale…

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