Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 13 & 14---Talbs, performance of---Pardanasheen lady---Performance of demands of talbs by attorney---Effect---Plaintiff was co-owner in the suit property whereas vendee had no such qualification---Plaintiff made jumping demand in presence of informer and her son and sent notices of Talb-i-Ishhad---Pre-emptor had produced evidence in line with the plaint and proved her superior right of pre-emption beyond any shadow of doubt against the vendee---Factum of gaining of knowledge by the plaintiff and performance of requisite talbs stood admitted by the defendants---Pre-emptor being Pardanasheen lady executed special power of attorney who did not go to any public place/office and special attorney arranged everything---Pardanasheen lady could not be compelled to come out of her private place and by not doing so she would not lose her legal and constitutional rights---Trial Court passed well-reasoned whereas Appellate Court had failed to appreciate the legal proposition in its true spirit---Impugned and decree passed by the Appellate Court were set aside and those of Trial Court were restored---Revision was accepted in circumstances. 2012 SCMR 1106 and 2011 CLC 578 ref. 2012 SCMR 1106 and 2011 CLC 578 distinguished. JUDGMENT WAQAR AHMAD SETH, J.---This revision petition under section 115, C.P.C. is directed against the judgment and decree dated 27-2-2008, whereby learned appellate court accepted the appeal of respondent and dismissed the pre-emption suit of petitioner. 2. Muhammad Sain (Sain Muhammad) respondent purchased land through mutation No.657 dated 25-1-1997 and petitioner on gaining knowledge about the sale transaction performed talbs and instituted a suit for possession through preemption on the basis of her superior right of pre-emption whereas two other rival pre-emptors also filed pre-emption suits. The respondent appeared and contested the suits by filing written statement. The learned trial Court after recording pro and contra evidence and hearing the parties vide consolidated judgment and decree dated 13-5-2005 dismissed the suits of Muhammad Farid and Mst. Hussan Afza whereas decreed the suit…

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