Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Suit for possession through pre-emption---Transaction whether "Sale" or "exchange"---Proof---Contention of defendants was that transaction was not pre-emptible as same was "exchange" and not "sale"---Suit was dismissed by the Trial Court but same was decreed by the Appellate Court---Validity---Both plaintiff and defendants were co-owners in the suit property but status of defendant was at a higher pedestal than plaintiff---No evidence was on record to prove that colour of exchange was given to the transaction which was in fact a sale---Plaintiff could not be held entitled for decree for possession through pre-emption due to lack of right of pre-emption---Appellate Court had failed to appreciate the legal as well as factual position and had recorded a conclusion which was not warranted by law---Impugned and decree passed by the Appellate Court were set aside and that of Trial Court were restored and suit was dismissed---Revision was accepted in circumstances. THIS JUDGMENT DELIVERED BY: ABDUL LATIF KHAN, JUSTICE Through this single judgment, I propose to dispose of C.R. No.221/2009 with C.M.No.176/2010, C.R.No.222/2009 with C.M.No.177/2010 and C.R.No.223/2009 as common question of law and facts is involved in all the matters. 2. The brief facts giving rise to the instant matters are that plaintiff Abdul Qayyum (hereinafter called as respondent/plaintiff) filed three suits for declaration and possession through pre-emption in respect of properties mentioned in detail in the plaints against defendants Haji Khazan Khan and others (hereinafter called as petitioners/defendants). The suits were contested by the petitioners/defendants by submitting their written statement. The learned trial Court framed issues arising out of the pleadings of the parties in all the three suits. 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, Kulachi dismissed the suits of respondent/plaintiff vide judgments and decrees dated 31.5.2007. 3. Aggrieved of the judgments and decrees dated 31.5.2007 of learned Civil…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492