Law:

Section:

(a) Khyber Pakhtunkhawa Pre-emption Act (X of 1987)--- ----S.13---Talb-i-Muwathibat---Non-production of informer---Time, date and place of Talb-i-Muwathibat---Scope---Pre-emptor did not produce informer of sale as witness before Trial Court but suit filed by pre-emptor was concurrently decreed by Trial Court as well as by Lower Appellate Court in his favour---Validity---Talb-i-Muwathibat was to be made as soon as pre-emptor got knowledge of transaction of sale---Factum of Talb-i-Muwathibat being question of fact, it had to be proved through evidence in court---Pre-emptor was required to mention date, time and place in plaint, which he had done similarly, he was required to mention the same in his evidence before Trial Court---Talb-i-Muwathibat should be taken seriously as required by law and should not be considered as mere technicality---Pre-emptor failed to produce material witness i.e. the informer who allegedly first informed him about disputed transaction---Pre-emptor did not give any reason as to why he was unable to produce the witness who first informed him about the sale---Non-production of informer was fatal to the suit of pre-emptor---Both the Courts below i.e. Trial Court and Lower Appellate Court committed material irregularity by misreading and non-reading of record, therefore, their s were set aside and suit filed by pre-emptor was dismissed as he failed to prove Talb---Revision was allowed in circumstances. 2007 SCMR 1830; 1995 MLD 1061; PLD 2006 Lah. 37; 2007 SCMR 401 and 2011 CLC 903 ref. 2003 CLC 1775; 2002 SCMR 235; 1999 CLC 1735; 1998 CLC 1190 and 2007 SCMR 401 rel. (b) Pleadings--- ----Piece of evidence---Scope---Pleadings of parties are not substitute of evidence and it being not substantive evidence---Averments made in pleadings would carry no weight unless proved from evidence in court or admitted by other party. 2007 SCMR 1719; 2007 SCMR 870; 1986 CLC 288; 1992 MLD 1879; 1991 CLC 1937 and PLD 2003 SC 594 rel. (c) Khyber Pakhtunkhawa Pre-emption Act (X of 1987)--- ----S.13---Provisions of section 13 of Khyber Pakhtunkhawa Pre-emption Act, 1987, can only be regarded to have been complied with when all steps of performance of Talb…

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