Law:

Section:

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 13 & 14---Suit for possession through pre-emption---Pre-emptor not appearing as witness before the Trial Court without any valid justification---Effect---Pre-emptor exercised her right of pre-emption by making the requisite Talbs, and the suit for possession through pre-emption was also instituted by her in person---Subsequently without any valid justification, the pre-emptor did not appear before the Trial Court as witness for exercising her right of pre-emption, but for such purpose, she gave special power-of-attorney to her husband---Suit for possession through pre-emption had been rightly dismissed by the High Court in such circumstances---Appeal was dismissed accordingly. Abdul Qayyum v. Muhammad Sadiq 2007 SCMR 957 ref. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Suit for possession through pre-emption---Performance of Talb-i-Muwathibat---Lapse of 10-15 minutes in performing Talb-i-Muwathibat---Effect---Fatal to right of pre-emption--- Slightest lapse of time in performance of Talb-i-Muwathibat was fatal to the case of the pre-emptor---No redundancy could be attributed in performance of Talb-i-Muwathibat to accommodate a pre-emptor who had not been vigilant in making such Talb---Pre-emptor consumed 10-15 minutes to discuss the matter with her family members before taking the decision of exercising her right of pre-emption---Talb-i-Muwathibat was not performed in accordance with law in such circumstances---Suit for possession through pre-emption had been rightly dismissed by the High Court---Appeal was dismissed accordingly. Mian Pir Muhammad v. Faqir Muhammad PLD 2007 SC 302; Muhammad Nazeef Khan v. Gulbat Khan 2012 SCMR 235; Sonabashi Kuer v. Chaudhary Ramdeo Singh AIR 1951 Pat 521 and Muhammad Ahmad Said Khan v. Madho Prasad 35 Ind Cas 911 ref. (c) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13--- Qanun-e-Shahadat (10 of 1984), Art. 79--- Suit for possession through pre-emption---Talb-i-Ishhad---Attestation by two witnesses---Non-appearance of one of the witnesses of Talb-i-Ishhad in court---Effect---Fatal to right of pre-emption---Plea of pre-emptor…

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