Law:

Section:

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Talbs, performance of---Conditions---Majlis for performance of Talb-i-Muwathibat---Scope---Pre-emptor had not mentioned the presence of any other person except the informer at the time of information---Talb-i-Muwathibat must be performed in a Majlis after receiving information with regard to sale transaction---Sans Majlis there would be no concept of performance of Talb-i-Muwathibat---Neither constitution of Majlis at the time of performance of Talb-i-Muwathibat nor alleged jumping demand had been proved by the pre-emptor on the relevant date, time and place---Pre-emptor had failed to prove notice of Talb-i-Ishhad in accordance with law---Both Talb-i-Muwathibat and Talb-i-Ishhad which were sine qua non for the success of a pre-emption suit stood disproved---Suit of plaintiff was bound to fail---Both the courts had committed illegality and material irregularity while decreeing the suit---Impugned s and decrees passed by both the courts below were set aside---Suit filed by the plaintiff was dismissed---Revision was accepted in circumstances. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Talb-i-Muwathibat, performance of---Conditions---Talb-i-Muwathibat must be performed in a Majlis after receiving information with regard to sale transaction. THIS JUDGMENT DELIVERED BY: QAISER RASHID KHAN, JUSTICE:----------- Through the instant revision petition, the petitioners have called in question the judgment and decree dated 16.5.2006 of the learned Civil Judge-III, D.I.Khan whereby pre-emption suit of the respondent/plaintiff was decreed against the petitioners/ defendants as well as the judgment and decree dated 12.7.2007 of the learned Additional District Judge-II, D.I. Khan, vide which the appeal of the petitioners/ defendants was partially allowed. 2. Relevant facts giving rise to the instant revision petition, in brief, are that respondent/plaintiff filed a suit for possession through pre-emption of land measuring three kanals situated in village Mandhra, Tehsil and District D.I.Khan against the petitioners/ defendants on the basis of superior right of pre-emption averring in the…

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