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

Section: 13(2),13(3)

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 13(2) & (3)---Suit for possession through pre-emption---Co-vendees---Talb-i-Muwathibat---Talb-i-Ishhad, notice of---Sending of notice to all co-vendees---Principles---Notice of Talb-i-Ishhad had to be sent to all co-vendees immediately upon gaining knowledge of their existence--- Suit land, in the present case, was purchased by three co-vendees---Pre-emptor was initially unaware of the other two co-vendees, and consequently made Talb-i-Muwathibat and sent notice of Talb-i-Ishhad to only one of the co-vendees---Said co-vendee filed written statement wherein he categorically stated that purchase of suit land was jointly made with the other two vendees---Despite presence of such written statement on record, no immediate Talb-i-Muwathibat or notice of Talb-i-Ishhad was sent by pre-emptor to the other two co-vendees---Pre-emptor was required to make Talb-i-Muwathibat regarding other two co-vendees immediately when the written statement was filed or at least when the case was fixed for the next hearing thereafter---Contention of pre-emptor that he made Talb-i-Muwathibat after obtaining certified copies of written statement did not have force as Talb-i-Muwathibat had not been duly made upon gaining knowledge of the co-vendees, when written statement was filed---Requirement of Talb-i-Muwathibat with respect to other two co-vendees was not fulfilled in accordance with law---Moreover pre-emptor had not examined the postman to prove that notices of Talb-i-Ishhad had been duly served upon the other two co-vendees---Appeal was allowed accordingly with consequential dismissal of suit for pre-emption. Malik Nazir Ahmad through his legal heirs v. Muhammad Yar 2004 SCMR 1377 and Allah Ditta through L.Rs. and others v. Muhammad Anar 2013 SCMR 866 ref. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13(3)---Qanun-e-Shahadat (10 of 1984), Art. 79---Suit for possession through pre-emption---Talb-i-Ishhad, notice of---Proof---Two attesting witnesses---Only one witness of Talb-i-Ishhad was produced in evidence---Effect---Out of the three witnesses of Talb-i-Ishhad only one was examined, while the other two…

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