Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- --------S. 13---Demands of talbs---Requirements---Two sale mutations were made but only one Talb-i-Muwathibat was performed with regard to both the sale transactions---Informer was son of pre-emptor---Evidentiary value---Plaintiffs filed two suits which were dismissed by the Trial Court but Appellate Court decreed the same---Validity---Pre-emptor was required to make Talb-i-Muwathibat with regard to each sale mutation/transaction---Nothing was on record that two separate demands of Talb-i-Muwathibat were made with regard to each of the two separate sale transactions---Contradiction in the statements of plaintiff and informer with regard to place where pre-emptor came to know the sale was on record---Informer being son of pre-emptor could not be treated as an independent and impartial witness for making Talb-i-Muwathibat---Postman who delivered the notice of Talb-i-Ishhad was not produced by the plaintiff to prove service of said notice---Pre-emptor had failed to prove service of notice of Talb-i-Ishhad in accordance with law---Talbs had not been performed in accordance with law and suits were liable to be dismissed---Impugned and decree passed by the Appellate Court were set aside and those of Trial Court were restored---Revision was allowed in circumstances. 2011 CLC 899; 2014 CLC 864; 2014 CLJ 541; 2015 SCMR 311; 2014 UC 201 and 2011 CLC 899 rel. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:------------------ Since identical questions have been raised by the same petitioners in C.R No.249/2009 as well, this single order shall also dispose of the said connected revision petition. Both revision petitions are directed against the judgments and decrees of the learned Additional District Judge-IV, Haripur, in Appeals Nos.74/13 and 75/13 filed on 23.07.2007 and decided on 29.05.2009, whereby, the appeals of the respondent were accepted, judgments and decrees of the learned trial Court in Suits Nos.605/1 and 606/1 decided on 19.07.2007 set aside and suits of the respondent for possession through preemption were decreed and cross objections filed by the petitioners were dismissed. 2. The respondent, Malik…

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