Law:

Section:

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987) ----S. 13--- Pre-emption suit---Non-performance of Talbs---Effect---Plaintiff/ respondent filed suit for pre-emption, which was dismissed by the Trial Court---Said and decree were challenged through appeal, which was allowed and suit was decreed in favour of plaintiff---Validity---Record showed that the date and place of performance of Talb-e-Muwathibat was indicated but the time was not indicated which was a glaring illegality---Record transpired that there were substantial contradictions in the statement of witnesses regarding the arrival of informer to the Baitek of his father---Pre-emptor was father and the alleged informer was his son which itself appeared to be a home made story---Plaintiff/respondent stated that he had invited the witnesses for breakfast when his son was present at 9.55 a.m.---Witness stated that he had gone to Baitek of pre-emptor at 8.30 a.m. or 9.00 a.m. in the morning but the informer was not present with them---Said witness stated that he had not taken breakfast with pre-emptor and remained in his fields till he heard about the sale of pre-empted land---Pre-emptor/witness presented his examination-in-chief in the form of affidavit without its having been formally exhibited---Statement could be accepted in the form of affidavit, but the exhibition of document must be made in court in the presence of Presiding Officer as well as opposite counsel so as to provide opportunity to the opposite counsel regarding any objection, which could be raised---Similarly, respondent had raised such like objections at the time when the witnesses referred their affidavits without even exhibiting the affidavit in court---Record revealed that contentions as raised in the plaint and in the affidavits were un-proved on record and such like cursory reference to the affidavits could not fulfill the pre-requisites of S.13 of Khyber Pakhtunkhwa Pre-emption Act, 1987---Statement in the form of affidavit could not be equated to an examination-in-chief recorded in the court---Cross-examination of the witnesses showed contradictions, which could not be treated as minor contradictions---Post man, who delivered…

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