Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 13 & 28---West Pakistan Land Revenue Rules, 1968, R.34---Suit for pre-emption---Notice of Talb-e-Ishhad---Proof---Courts below decreed the suit---Defendants could not discharge the burden to prove that plaintiff had prior knowledge of the sale---Entry in Roznamcha Waqiati did not show receipt of Fard by plaintiff and such entry having been made in violation of R.34 of the West Pakistan Land Revenue Rules, 1968, presumption of truth was not attached to such entry---Patwari could not depose to show obtaining of Fard by plaintiff, instead, he had to depose as custodian of record, without comments under provisions of Qanun-e-Shahadat, 1984---Even otherwise, an admission made by witness against fact would not be binding on the party and such admission had no conclusive effect---Fee obtained for issuing Fard had to be entered in Register Ujrat but that register was not produced in support of Roznamcha Waqiati---Defendants colluded with Patwari to show that plaintiff had prior knowledge of sale---Findings of courts below were maintained---Revisions were dismissed. JUDGMENT ABDUL LATIF KHAN, J.---Through this single judgment, I propose to dispose of instant C.R. No.454 of 2011 and connected C.R. No. 515 of 2011 as both the petitions are the outcome of one and the same judgment and decree. 2. Brief facts giving rise to the instant petitions are that Hakim Khan plaintiff filed a suit against Muhammad Amjad Wali, Asad Wali and Muhammad Waqas defendants for possession through pre-emption in respect of land purchased by the defendants through Mutation No.232 dated 16-4-2013 in lieu of sale consideration of Rs.45,250 but in order to defeat the right of pre-emption of the plaintiff, an inflated amount of Rs.90,500 was entered in the sale mutation. 3. The suit was contested by the defendants by submitting their written statement. The learned trial Court framed issues arising out of the pleadings of the parties. The parties produced their respective evidence as they wished to adduce. After hearing the arguments of learned counsel for the parties, the learned Civil Judge, Paharpur decreed the suit in favour of…

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