Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Talbs, performance of---Requirements---Minor omission in the statement of witness---Effect---Talb-i-Ishhad---Performance of---Limitation---Pre-emptor was a woman of old age and illiterate---Such lady could not be expected to remember the moment of specific date when her statement was recorded after four years---Minor omission in the statement of such witness whose statement was recorded after sufficient time could not mar the case of pre-emptor---No specific words were required to perform Talb-i-Muwathibat---Notice of Talb-i-Ishhad was not sent within stipulated period required between making Talb-i-Muwathibat and Talb-i-Ishhad---Right of pre-emption was feeble right which should be exercised within the ambit of limitation as prescribed for each Talb---Requirement of Talb-i-Ishhad was to be complied within fourteen days follow up of Talb-i-Khusumat within four months of the sale activity in the mode and manner from the date of exercising the right of pre-emption---Revision was dismissed in circumstances. Arif Hussain v. Abdul Qayoum 1996 CLC 902; Sher Ahmad v. Murtaza Khan 2000 CLC 252; Mst. Chand Sanoober v. Ghulam Noorani 2011 CLC 578; Yar Muhammad Khan v. Bashir Ahmad PLD 2003 Pesh. 179; Muhammad Tariq v. Asif Javed 2009 SCMR 240; Aisha Bibi v. Abdul Raoof PLD 2008 Pesh. 137; Zafar Ali v. Zain-ul-Abidin 1992 SCMR 1886 and Afsar Ali Khan v. Shireen Gul and another 2004 CLC 1773 rel. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, JUSTICE:---.--- In exercising her right of pre-emption Mst. Gula Jana introduced suit for possession through pre-emption pertaining to land measuring 01 Kanal 09 Marla out of 16 Kanal 12 Marla when the sale activity was given effect through mutation No.5641 attested on 11.03.2005. This sale was for an amount of Rs.87,000/- but inflated amount of Rs.1,45,000/- was entered and denied. After making the performance of Talb-e-Muwathibat followed by Talb-e-Ishhad, the requirement of Talb-e-Khusumat was carried on 07.07.2005. 2. This claim was hotly resisted by the respondents by filing their joint written statement opposing the grant of decree on various legal and factual…

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