Law:

Section:

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)-------S. 13---Talbs, performance of---Requirements---Nothing was on record that notice of Talb-i-Ishhad was personally served upon the defendants and one of the notices was original and others were photocopies---Plaintiff had not mentioned in his plaint the date of sending of notice of Talb-i-Ishhad and thus had not fulfilled the requirements of S.13 of Khyber Pakhtunkhwa Pre-emption Act, 1987---Courts below had wrongly and illegally decreed the suit which was liable to be set aside---Plaintiff had failed to bring on record cogent evidence in the shape of death certificate as to when his father died and inheritance mutation had been attested after the performance of Talb-i-Muwathibat and even institution of the suit---Talb-i-Muwathibat etc. including the institution of suit did not correspond with the date and time for the purpose of exercising the right of pre-emption where the date of death was not definite/certain---Suit was dismissed. Rooh-ul-Qadoos v. Muhammad Rafique and 2 others 2002 CLC 379; Muhammad Bashir's case 2007 SCMR 1105 and Mian Pir Muhammad and another v. Faqir Muhammad PLD 2007 SC 302 rel. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Talb-i-Muwathibat, performance of---Talb-i-Muwathibat etc. including the institution of suit did not correspond with the date and time for the purpose of exercising the right of pre-emption where the date of death of the father of plaintiff (the person who filed the suit) was not definite/certain. Adam Khan Jadoon for Petitioner. M. Ilyas Khan for Respondent. Date of hearing: 26th April, 2013. JUDGMENT WAQAR AHMAD SETH, J.--- This revision petition under section 115, C.P.C. is directed against the judgment and decree dated 13-3-2006, whereby District Judge, Battagram, dismissed the appeal of petitioners and maintained the judgment and decree of learned trial Court dated 20-9-2005. 2. Respondent instituted a suit for possession through pre-emption of land, fully described in the heading of plaint, against petitioners on the basis of co-sharership and contiguity of the suit property. Petitioners appeared and contested the suit by filing written…

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