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

Section: 13,31,32

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 13, 31 & 32---Pre-emption suit---Limitation---Notice---Talbs, performance of---Scope---Contention of plaintiffs was that Registrar had not given notice of sale of suit land and period of limitation for filing suit was to be computed from the date of knowledge of pre-emptors whereas defendants contended that suit was barred by time and postman was not examined to prove Talb-i-Ishhad---Suit was decreed concurrently---Validity---Defendants purchased suit land through registered deed on 6-2-2002 on the basis of which mutation was attested on 16-12-2003 and suit was filed on 31-3-2004---Registrar had not complied with the provision of S. 32 of Khyber Pakhtunkhwa Pre-emption Act, 1987 but same would not change the explicit and mandatory provisions of S. 31 of Khyber Pakhtunkhwa Pre-emption Act, 1987 which had provided a fixed period for filing of suit in each situation---No extension in limitation in S. 31 of Khyber Pakhtunkhwa Pre-emption Act, 1987 had been provided if Registrar or Revenue Officer had failed to give such notice---Both Ss. 31 & 32 of Khyber Pakhtunkhwa Pre-emption Act, 1987 should be read independently in nature and spirit without there being any nexus between both of them---Section 31 of Khyber Pakhtunkhwa Pre-emption Act, 1987 was mandatory while S. 32 was directory in nature as same did not provide any penal consequences in case of non-compliance---Provisions of statute should be construed and interpreted in such a way that another provision of the same statute would dovetail in to each other in such a way that entire statute should remain a well-knit, integrated and workable piece of legislation---Section 31 of Khyber Pakhtunkhwa Pre-emption Act, 1987 had regulated the course and manner for filing of suit for possession through pre-emption within the prescribed limit of time---Court could not modify the clear intention of law maker while interpreting certain provisions of law---Court was not to make law or construe in a manner which might result as "making the law"---Provisions of S. 32 of Khyber Pakhtunkhwa Pre-emption Act, 1987 could not overrule or dilute the provisions of…