Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)---S. 13---Civil Procedure Code (V of 1908), O. XLI, R. 27---Suit for possession through pre-emption---Talbs, performance of---Requirements---Application for recording additional evidence by plaintiff---Scope---Contention of plaintiff was that Appellate Court had not decided application for recording additional evidence and decreed the suit---Validity---Proposed additional evidence was available with the plaintiff at the time of conducting of trial but he did nothing to get the postman examined---Plaintiff filed application for additional evidence before the Appellate Court at belated stage---Such attempt had been made to counter the findings of the Trial Court that pre-emptor had not proved sending of notice of Talb-i-Ishhad---Pre-emptor moved application to fill up lacunae which was contrary to the provisions of O. XLI, R. 27, C.P.C.---Non-disposal of said application did not matter anymore---Pre-empted land was a plot and developers of the town invited all and sundry through advertisement to get plots---Had plaintiff been serious in getting the suit plot then he could have easily purchased the same without entering into any litigation---Plaintiff had already purchased some plots in the town and there was no hindrance or snags in the way of plaintiff to get the plot, had he been serious in purchasing the same---Conduct of pre-emptor was sufficient to non-suit him---Findings of two courts below were based on correct appreciation of evidence---Neither the pre-emptor nor his witnesses of notice of Talb-i-Ishhad had deposed anything that plaintiff performed Talb-i-Ishhad in their presence---Plaintiff was bound to refer to his Talb-i-Muwathibat in presence of two truthful witnesses while performing his second talb of Ishhad---Mere sending notice (of Talb-i-Ishhad) could not be equated with performance of Talb-i-Ishhad---Plaintiff had not performed necessary talbs and his right of pre-emption had been extinguished---No illegality or defect had been pointed out in the s and decrees of two courts below which were based on correct appreciation of law and facts of the case---Revision was dismissed in circumstances. JUDGMENT…

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