Law:

Section:

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Talbs, performance of---Requirements---Non-production of informer---Presumption---Pre-emptor did not produce informer to establish that after getting information from him with regard to sale transaction he had performed Talb-i-Muwathibat there and then---Production of informer was vital in the pre-emption case---No reason or explanation for non-producing informer before the Trial Court had been given---Presumption would be that had he been produced he might not have withstood the test of cross-examination qua the fact of his receiving and conveying information regarding sale transaction to the pre-emptor---Pre-emptor had failed to prove his case of pre-emption---Evidence had not been appreciated in its true perspective by the Appellate Court---Impugned and decree passed by the Appellate Court were set aside and suit was dismissed---Revision was allowed. 2007 SCMR 1491 and PLD 2015 SC 69 rel. (b) Civil Procedure Code (V of 1908)--- ----S.115---Talb-i-Muwathibat---Revisional jurisdiction of High Court---Scope---Revisional court could reverse an erroneous findings if it was found that same was not borne out of case evidence notwithstanding that such findings remained unchallenged in appeal or cross-objection---High Court, while exercising its revisional jurisdiction could make any order which circumstances of the case might warrant to secure the ends of justice. 2002 CLC 662; 2006 CLC 1827 and 2013 YLR 1013 rel. THIS JUDGMENT DELIVERED BY: LAL JAN KHATTAK, JUSTICE:---.--- This revision petition under section 115, C.P.C. is directed against the judgment and decree dated 06-03-2014 of the learned Additional District Judge/Izafi Zila Qazi, Matta Swat whereby the respondent's appeal, against the judgment and decree dated 30-09-2011 of the learned Civil Judge/Ilaqa Qazi-II Matta Swat, has been accepted. 2. Brief facts of the case are that the respondent filed a suit for exercising his right of pre-emption against the petitioner whereby landed property falling in Khasra Nos. 776, 777, 778 and 779 of Moza Bara Durushkhela of District Swat was purchased by the latter through sale mutation No. 2372 attested…

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