Law: Khyber Pakhtunkhwa Pre-emption Act, (X of 1987)

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Talbs, performance of---Use of words "after sham prayer" in the plaint---Connotation---Defendant contended that "after sham prayer" did not qualify specific time necessary to be mentioned in plaint---Validity---Definition of time was not so narrow that could only be determined in minutes and seconds---Words "after sham prayer" could calculate/determine specific time---Words 'after sham prayer' were within the ambit of specified time as required by law---Pre-emptor proved talbs in accordance with law---Revision was dismissed. Syed Munawar Hussain Shah and another v. Sahib Khan 2013 CLC 1488 distinguished. Abdul Latif alias Muhammad Latif alias Babu v. Dil Mir and others 2010 SCMR 1087; Muhammad Hanif v. Tariq Mehmood Civil Appeal No.1058 of 2011; Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105 and 2002 SCMR 219 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction---Scope---Scope of revisional jurisdiction was limited---Concurrent findings could not be disturbed merely because a different view could be formed---Interference could only be made where such findings were patently illegal, without jurisdiction or result of misreading and non-reading of material evidence, based on conjectural presumptions or erroneous assumption. Haji Muhammad Saleem v. Khuda Bakhsh PLD 2003 SC 315 rel. JUDGMENT MUHAMMAD DAUD KHAN, J.--This Revision Petition is directed against the concurrent judgments and decrees of the learned Civil Judge-V, Lakki Marwat dated 12-9-2007 and of learned District Judge, Lakki Marwat dated 18-5-2009 vide which suit of the respondent/plaintiff was decreed. 2. Succinct facts giving rise to the instant petition are that on the basis of Mutation No.863 dated 19-1-2005 land measuring 12 kanal 17 Malas situated in the local limits of Moza Choki Jand, Janubi Taraf Achu Khel was purchased by petitioner/ defendant Zaffaran. The sale was pre-empted by respondent/ plaintiff Baidullah Jan, by claiming his superior right of pre-emption on all the three grounds allowed by the law. 3. The averments made in the plaint of plaintiff are that he got knowledge of the…

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