Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Talbs, performance of---No material contradiction existed in the statements of witnesses of plaintiff---Minor contradictions pointed out by the Trial Court were not of pivotal nature when evidence was recorded after a period of more than two years---Normal variations were in accordance with human nature---Notice of Talb-i-Ishhad was to be sent on ordinary address under registered cover acknowledgement due and same would amount to sufficient compliance of S. 13 of Khyber Pakhtunkhwa Pre-emption Act, 1987---Notice of Talb-i-Ishhad was served upon the defendant at her given address which was received by her attorney---Knowledge of contents of document could not be attributed to the attesting witness rather execution of the same and its attestation had to be confirmed---Testimony of witness could not be discarded for his failure to explain the contents of document nor document could be held inadmissible in evidence solely on such ground---Market value of suit-land had been entered in the deed bonafidely by the defendant and same had been paid by her---Defendant was entitled for the amount of expenses incurred upon the stamp paper used for the sale-deed---Suit of plaintiff was decreed and s and decrees of both the courts below were set aside---Revision was accepted in circumstances. Pervaiz's case 2006 SCMR 4; Nawab Khan's case 2000 YLR 621 and Muhammad Rashid Ahmad's case PLD 2002 SC 293 rel. THIS JUDGMENT DELIVERED BY: ABDUL LATIF KHAN, J.--- This revision petition is directed against the judgment and decree dated 6-9-2006 passed by the Additional District Judge-II, Haripur, whereby, appeal filed by the present petitioner against the judgment and decree dated 14-3-2006 of Civil Judge-VI, Haripur was dismissed. 2. The brief and essential facts leading to the present petition are that the present petitioner instituted a suit for possession exercising his right of pre-emption in respect of property comprised in 'Khasra' No.1111 to the extent of 8820/84672 shares, 'Khasra' No.1110 to the extent of 14700/150528 shares and Khasra No.1070 to the extent of 3300/38016 shares measuring 1 'Kanal' 11 'Marlas;…

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