Law: Criminal Procedure Code (V of 1898)

Section: 6,13

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)-----Ss. 6 & 13---Suit for pre-emption---Shafi Sharik, Shafi Khalit and Shafi Jar---Talbs---Essentials---Proof---Appellate Court returned appeal filed by pre-emptor for want of pecuniary jurisdiction---Pre-emptor sought remand of appeal to District Judge---Validity---Appeal had been filed against and decree and not against order whereby appeal was returned---Inherent power and doctrine of estoppel could not be applied to defeat the provisions of statute or enactments affecting jurisdiction of the court---Person invoking jurisdiction of any forum for any remedy, relief or redress could not turn around to question the validity of its verdict and such person could not be allowed to approbate and reprobate especially when such order had not been challenged---Remand of appeal to Appellate Court was held not to be appropriate when facts remained the same on merits---Witnesses of notice of Talb-e-Ishhad were not mentioned in the plaint---Defendants having denied the receipt of notice of Talb-e-Ishhad, pre-emptor had to produce postman in witness box---Talb-e-Muwathibat had not been proved, right of pre-emption being a feeble right even a single infirmity in its exercise would be fatal to suit for pre-emption---Pre-emptor having failed to substantiate the performance of talbs in accordance with law, ascertainment of market value of suit land was not necessary---Suit was rightly dismissed by Trial Court---Appeal was dismissed. PLD 1993 SC 418; 2007 CLD 492 and PLD 1995 Kar. 66 ref. Syed Munawar Hussain Shah and another v. Sahib Khan 2013 CLC 1488; Allah Ditta through L.Rs. and others v. Muhammad Anar 2013 SCMR 866 and 2011 SCMR 762 rel. JUDGMENT WAQAR AHMAD SETH, J.---Muhammad Haroon Khan appellant has filed this regular first appeal against the judgment and decree dated 19-11-2009, whereby learned Civil Judge-I, Haripur dismissed the pre-emption suit of appellant. 2. Brief and relevant facts leading to instant appeal are that the appellant has filed a suit for possession through pre-emption regarding property fully described in the heading of the plaint on the basis of co-sharership, contiguity and participator in the…

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