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

Section: 13,14

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 13 & 14---Talbs, performance of---Talb-i-Khasumat, performance of---Requirements---Institution of suit through attorney---Non-production of informer in the court---Scope---Right of pre-emption should be extinguished unless pre-emptor had established three ingredients stipulated in S. 13 of Khyber Pakhtunkhwa Pre-emption Act, 1987 in accordance with law---Talb-i-Khasumat was equally important and same would require specific mode and manner for performance---Pre-emptor was required to perform Talb-i-Muwathibat and Talb-i-Ishhad himself or through his/her attorney or agent---Talb-i-Khasumat could only be made by a person whether he was pre-emptor or his guardian or agent appointed by him who had satisfied the requirements of Talb-i-Muwathibat and Talb-i-Ishhad personally--Plaint was verified, signed by and instituted through attorney of plaintiffs---Talb-i-Khasumat was performed by the attorney but not by the pre-emptors---Plaintiffs had not got recorded evidence of informer to prove Talb-i-Muwathibat---If a party did not produce a witness in his favour, the court would draw an inference that had the witness been produced, he would not have supported the case of the party---Plaintiffs were bound to produce postman to prove delivery of registered notices of Talb-i-Ishhad---Burden of proving a positive assertion would lie on the party making such assertion---Negative assertion might be sufficiently proved by a statement recorded on oath---Burden to disprove the element of notices of Talb-i-Ishhad stood discharged by the defendants by making a statement on oath---Plaintiffs had failed to discharge their burden as they neither produced the postman nor relevant dispatch-book and could not prove Talb-i-Ishhad in accordance with law---Impugned of Appellate Court suffered from misreading of evidence and same was not sustainable in the eye of law---Right of pre-emption being a feeble right was to be proved strictly in accordance with law with cogent, coherent and trustworthy evidence---Suit of pre-emptor could be filed by a person who himself had performed Talb-i-Muwathibat and Talb-i-Ishhad---Talb-i-Muwathibat…

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