Law:

Section:

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Talb-i-Muwathibat, perfor-mance of---Principle---Plaintiff pre-emptor had come to know about sale of the suit property much before the attestation of mutation---When plaintiff had acquired knowledge of sale of pre-empted property he should have made immediate demand to invoke his right of pre-emption without any loss of time which he failed---Plaintiff, in the present case, had admittedly received information regarding sale of suit property prior to date mentioned in the plaint---Plaintiff, in circumstances, had failed to perform requisite talbs in accordance with the provisions of S. 13 of the Act---Suit was rightly dismissed. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 31---Suit for pre-emption---Limitation---Suit for possession through pre-emption was to be filed within period of 120 days of attestation of mutation and if such suit had been filed after due time same would be barred. ORDER WAQAR AHMAD SETH, J.---This revision petition has been directed against the judgment and decree dated 29-5-2014 of the learned District Judge, Kohat whereby he dismissed the appeal of Safiullah, petitioner/plaintiff against the judgment and decree dated 26-9-2012 of the learned Civil Judge-VI, Kohat and upheld the judgment and decree of the learned trial Court. 2. Brief facts of the case are that Safiullah Khan Shinwari petitioner/ plaintiff instituted a suit against Muhammad Iqbal and others respondents/defendants for possession through preemption regarding landed property measuring 9 Kanal one Marla situated in Mauza Muhammadzai Tehsil and District Kohat fully described in the heading of the plaint. It was further alleged in the plaint that respondents/ defendants 4 have purchased the suit property through suit Mutation No.10247 attested on 27-8-2007 and Mutation No.10353 attested on 23-2-2008 for a sale consideration of Rs.1, 00, 000 and in order to defeat the right of pre-emption of the petitioner/plaintiff, an exaggerated amount has been entered in the sale mutations. That the petitioner/plaintiff is a co-sharer in the suit property, his property is also situated contiguous to the suit…

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