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

Section: 13(2),5,33

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13(2)---Talb---Talb-i-Muwathibat---Burden of proof---Person conveying information of sale and price not produced as witness---Effect---Initial burden of proof with regard to conveying of the information of sale and price lay upon the pre-emptor, who failed to discharge the same---Person who had conveyed information of sale and price to brother of pre-emptor, who in turn passed it onto the pre-emptor, was not produced as a witness---Elements of Talb-i-Muwathibat were thus not proved---Appeal was allowed accordingly and suit for pre-emption was dismissed. (b) Islamic Law--- ----Pre-emption---Talbs---Talb-i-Muwathibat---Meaning. 'Kitab-Al-Shufa' of Fatawa-i-Alamgiri and Fatawa-i-Kazi Khan translated by Mohomed Ullah Ibn Jung in 'The Muslim Law of Pre-Emption'; 'The Hedaya' of Maulana Burhanuddin translated by Charles Hamilton and D.F. Mulla's 'Principles of Mahomedan Law' ref. (c) Islamic Law--- ----Pre-emption--- Talbs--- Talb-i-Muwathibat--- Significance--- Found-ation of claim of pre-emption rested on making an immediate declaration of intention to assert one's right (Talb-i-Muwathibat) and if the same was not done, the entire structure collapsed. (d) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 5 & 33---Suit for possession through pre-emption---Actual sale price of suit land---Proof---Unsubstantiated statement by pre-emptor---Contravention of Shariah---Disentitlement to claim of pre-emption---Pre-emptor claimed that suit land was sold at a much lower price compared to the amount mentioned at time of mutation---Pre-emptor failed to disclose the source of such information, and if his reason for mentioning a lower price was to obtain an advantage, the same was not permissible as it would contravene the provisions of Shariah, which were specially made applicable to pre-emption cases---Shariah required honesty and truthfulness in one's dealings and false statements made to obtain an advantage was an anathema to Almighty Allah---When pre-emptor sought undue advantage to be gained on the basis of a completely unsubstantiated statement it would disentitle a shafee (pre-emptor) to claim…

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