Law:

Section:

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Khyber Pakhtunkhwa General Clauses Act (VI of 1956), S.26---Talbs, performance of--- Procedure--- No contradiction existed in the evidence of pre-emptor with regard to Talb-i-Muwathibat and Talb-i-Ishhad---Notice of Talb-i-Ishhad was sent through registered post on proper address and received by the son of pre-emptor---Both plaintiff and his son were residing in the same house and it was unbelievable that son of pre-emptor did not appraise or inform his father with regard to said notice---When a post was sent on proper address, it would be presumed to have been served---Pre-emptor had succeeded to prove Talb-i-Muwathibat and Talb-i-Ishhad---Courts below had rightly held that post was delivered to the vendee at his proper address---Pre-emptor and vendee, in the present case, were contiguous owners to the suit land---Both the parties had same status in circumstances---Suit property was to be divided into two equal shares in between pre-emptor and vendee---Vendee had produced documentary proof and marginal witnesses of sale deed---Market value of suit property was not properly determined by the Courts below---Findings with regard to market value were set aside and and decree were modified to such extent---High Court determined market value as fixed in the alleged sale deed---Half of suit house was decreed in favour of pre-emptor in lieu of half of sale price i.e. Rs. 500,000/----Pre-emptor if had not deposited the said sale price was directed by High Court to deposit the same within one month---Impugned s and decrees passed by the Courts below were modified---Revision was allowed in circumstances. Munawar Hussain's case 2013 SCMR 721 distinguished. PLD 1989 SC 503 and Yar Muhammad Khan v. Bashir Aamir PLD 2003 Pesh. 179 rel. (b) Pleadings--- ----No one could be allowed to prove a fact which was not pleaded under the law. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:---.--- Through the instant revision petition under section 115 Civil Procedure Code of 1908 petitioner has challenged the judgment and decree of learned appellate Court vide which the judgment and decree passed by the…

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