Law:

Section:

K.P.K. Pre-emption Act, 1987-- ----S. 13--Performance of talbs--Notice of talb-i-ishhad was returned undelivered--Obligation of--Proof of--Petitioner/plaintiff was under obligation to produce postman to prove delivery of registered notice of talb-i-ishhad in accordance with law--It was incumbent upon plaintiff to produce postman to prove service/delivery of notices talb-i-ishhad in compliance with principle. 2007 SCMR 1105, 2011 SCMR 762, 2013 SCMR 866, ref. K.P.K. Pre-emption Act, 1987-- ----S. 13--Superior right of pre-emption--Lost character of agricultural property and converted into commercial shops--Validity-- As property in dispute has changed its characteristic since long from agriculture to commercial, petitioner has no superior right of pre-emption on basis of co-owner inKhata--Petitioner also claimed preemption right on basis of participation of right of way but that right is not sustainable--Admittedly suit shops were situated in bazar having a common passage--Petitioner's land and disputed land could not equip petitioner with right of pre-emption--It is not merely sufficient to allege superior right of pre-emption, and performance of talb-i-muwathibat and talb-i-ishhad in plaint, but it is also incumbent upon preemptor to prove same through cogent and reliable evidence--As for as successful exercise of right of pre-emption, proof of superior right of pre-emption, performance of talb-i-muwathibat and then talb-i-ishhad, in their respective chronological order, is essential--Any deficiency in these legal requirements will render a pre-emption suit liable to an outright dismissal--Petitioner had failed to prove his superior rights as well as performance of talbs in accordance with law. 2005 YLR 2570, PLD 2003 Lah. 413, ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD DAUD KHAN, JUSTICE:---.--- This Revision is directed against the judgment and decree dated 12.06.2009, passed by learned District Judge, Lakki Marwat, whereby on accepting the appeal, set aside the judgment and decree passed by learned Civil Judge-VII, Lakki Marwat dated 24.07.2008 and dismissed the suit of petitioner/plaintiff. 2. Succinct but necessary facts giving rise to the instant Revision…

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