Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)---S. 13---Talbs, performance of---Requirements and mode---Informer had vital role in pre-emption case who was bound to depose about date, time and place of performance of Talb-i-Muwathibat---Omission to mention time by the informer in his statement would be fatal to the case---Informer had failed to mention the time of disclosing information to the plaintiff in his statement---Place instead of 'baithak' 'ghar' had been mentioned in his statement but same could not be taken into consideration as "baithak" was part and parcel of the house---Plaintiff had given details of talbs in his plaint with regard to date, time and place of performance of Talb-i-Muwathibat and deposed in support of his plaint but informer had not supported his version---Assertion made by the plaintiff with regard to performance of Talb-e-Muwathibat not proved by the informer---Plaintiff was bound by the statement given by his witness and he could not be allowed to resile from the statement of informer---Party producing a witness was bound by his statement given in the court---Courts below were right in holding non-proof of Talb-i-Muwathibat on behalf of plaintiff due to deficiency in his evidence with regard to time of performance of Talb-i-Muwathibat---Notices of Talb-i-Ishhad were in typed form already prepared and kept by the petition-writer which were against the provisions of S. 13(3) of the Khyber Pakhtunkhwa Pre-emption Act, 1987---General statement had been typed leaving space for the names of parties, description of property and the names of witnesses which was against the mandate of law---After making Talb-i-Muwathibat plaintiff should make Talb-i-Ishhad by sending a notice in writing attested by two truthful witnesses within two weeks under registered cover for confirmation of his intention to exercise right of pre-emption---Already typed notice of Talb-i-Ishhad did not fall within the ambit of "notice" in writing nor did it fulfil the requirements of S.13(3) of the Khyber Pakhtunkhwa Pre-emption Act, 1987---Receipts for mailing of notices of Talb-i-Ishhad through registered envelopes acknowledge-due were not available on the…

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