Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)----- -----Ss. 13, 9 & 20-----Talbs, performance of-----Parties were co-sharers of property in question-----Plaintiff was non-suited on the ground that his son, daughters and wife were present at the time of performing of Talb-i-Muwathibat who were not cited as witnesses and best evidence had been withheld-----Effect-----Pre-emptor had fully corroborated the stance taken in the plaint-----Plaintiff had not deposed that his son, daughters and wife were present in the 'Majlis'-----Pre-emptor could not be non-suited merely on the ground that his wife, daughters and son were present in other parts of the house-----None of the said persons/inmates of the house were present at the time of performing of Talb-i-Muwathibat-----Discrepancies and minor contradictions arising out of the evidence recorded after considerable time were natural-----Witness could not be expected to give stereotype evidence after lapse of considerable time-----Both the courts below had misread the evidence available on record-----Minor discrepancies in the statements of witnesses could be ignored and only grave contradictions and dishonest improvements were to be taken into consideration-----Findings of both the courts below on the point of Talb-i-Muwathibat were not immune from corrective process by the High Court-----Notice of Talb-i-Ishhad was properly sent through registered post which was received by the defendant-----Sale consideration of Rs. 1,50,000/- was paid in good faith as market value of suit land-----Both the parties being co-sharers in the suit property, were equally entitled to the right of pre-emption-----Suit property was directed to be distributed among both the parties equally in share-----Pre-emptor, in circumstances, was directed to deposit amount of sale consideration to the extent of half of the sale consideration to the tune of 75,000/- as per his equal share in the suit land within 30 days of order failing which the suit should stand dismissed-----Impugned s and decrees passed by both the courts below were set aside and suit was partially decreed to the extent of half share of suit land on payment of half of the sale…

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