Law:

Section:

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 13, 31, 5 & 2 (d)---Pre-emption, right of---Scope---Right of pre-emption would come into force if transaction was a sale notwithstanding the fact that mutation had effected or not---Sale could be effected through mutation or other registered deed---Vendee and vendor, in the present case, had attempted to defeat the pre-emptive right of plaintiff and no detail of sale was mentioned in the written statement---Pre-emptor in a pre-emption suit could not be defeated through fraudulent manner---Two separate mutations were attested with regard to suit property---No specific issue with regard to the share sold in the suit property was framed but evidence on record was sufficient to enable the court to decide the case---Both the parties were aware of controversy involved in the suit during course of recording of their evidence---Framing or non-framing of issues would lose significance after adducing of evidence by the parties in support of their contentions---Appellate Court should have considered and discussed the entire evidence available on record being court of facts---Judgment of Appellate Court was passed in a slipshod manner and court had not considered the fact that at the time of institution of suit the vendee was not a co-sharer in the suit property---Plaintiff had proved the performance of Talb-i-Muwathibat and Talb-i-Ishhad in accordance with law and his witnesses were consistent with such regard---Impugned passed by the Appellate Court was set aside and that of Trial Court was restored---Revision was accepted in circumstances. Abdul Karim v. Fazal Muhammad Shah PLD 1967 SC 411; Muhammad Subhan and others v. Mir Qadam Khan and others 2001 MLD 1716; Allah Ditta v. Fazal Muhammad and others 2002 CLC 1894; Fazal Muhammad Bhatti v. Mst. Saeeda Akhtar 1993 SCMR 2018 and Eada Khan v. Ghanwar and others 2004 SCMR 1524 rel. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 5---Right of pre-emption---Scope---Right of pre-emption would arise in case of sale which could be effected through mutation or other registered deed. (c) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S.…

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