Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)-------S. 13---Qanun-e-Shahadat (10 of 1984), Art. 129(e)---General Clauses Act (X of 1897), S. 29---Talbs, performance of---Requirements--- Truthfulness of witness--- Non-examination of postman---Effect---Suit was partially decreed concurrently---Pre-emptor had knowledge with regard to suit transaction and his conduct to such extent was not above board---Plaintiff had failed to comply with the mandatory provisions of talbs and truthfulness of his witness was doubtful---Defendants had denied the delivery of notices of Talb-i-Ishhad---Pre-emptor ought to have examined either the postman or concerned booking/dispatch official to prove service of said notices---Official acts were presumed to be regularly performed but such presumption stood rebutted when the addressees made statement on oath that no such notices of Talb-i-Ishhad had been delivered to them---Only the statement on oath was sufficient to prove negative assertion and burden to prove the positive would shift on the party who had asserted the same---Burden to disprove the element of notices of Talb-i-Ishhad stood discharged by the defendants by making statement on oath and said burden would shift on the plaintiff to prove positive assertion---Plaintiff had failed to prove such assertion as he had neither examined the concerned postman nor dispatch/booking official---Pre-emptor had failed to prove notices of Talb-i-Ishhad in accordance with law---Impugned s of both the courts below suffered from misreading of evidence which were not sustainable in the eye of law---Courts below had reached on wrong conclusion which had resulted into miscarriage of justice---Impugned s of courts below were set aside and suit was dismissed. Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105 and Basheer Ahmed v. Ghulam Rasool 2011 SCMR 762 ref. Muhammad Nazeef Khan v. Gulabat Khan and others 2012 SCMR 235; Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105 and Basheer Ahmed v. Ghulam Rasool 2011 SCMR 762 ref. Asghar Ali Khan for Petitioners. Abdul Waheed Ayaz for Respondent. Date of hearing: 4th November, 2013. JUDGMENT SYED AFSAR SHAH, J.--- This civil revision…

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