Law: Khyber Pakhtunkhwa Pre-emption Act, (X of 1987)

Section: 13(3),27,33

Law: Constitution of Pakistan, 1973

Section: 185(3)

Talb-e-ishhad-- ----Scope of--Produced two attesting witnesses and to prove delivery of notice--Validity--Talb-e-ishhad had been duly performed in accordance with law--No misreading or non-reading of evidence has been pointed out at bar to warrant interference with such finding of fact K.P.K Pre-emption Act, 1987 (X of 1987)-- ----S. 33--Superior right of preemption--Actual sale consideration--False plea--Validity--Suit should have been dismissed as a false plea had been taken in view of Section 33 of Act of 1987 and of Supreme Court. K.P.K Pre-emption Act, 1987 (X of 1987)-- ----Ss. 27 & 33--Sale consideration--Specific provision for resolution of disputes inter se parties with regard to consideration of sale--Validity--In eventuality of a disagreement between parties with regard to price, Court is empowered to determine whether purported sale price has been fixed in good faith or paid--Sale price has been paid in good faith, it is such price which would be required to be paid by pre-emptor--Such payment is to be made in terms of decree passed in favour of successful pre-emptor as is obvious from Section 25 of Act of 1987--When there is a dispute between parties as to sale price, such matter has been specifically catered for by Section 27, therefore, provision of Section 33, Act cannot be resorted to as is not only obvious from text of Section 33 and as has been held by Supreme Court. attracted only with regard to a matter not specifically catered for under any provision of the Khyber Pakhtunkhwa Pre-emption Act, 1987---Matter of dispute between the parties as to the sale price, had been specifically catered for by S. 27 of the said Act, therefore, the provision of S. 33 could not be resorted to---Section 27(2) of the Khyber Pakhtunkhwa Pre-emption Act, 1987 stated that in the eventuality of a disagreement between the parties with regard to the sale price, the court was empowered to determine whether the purported sale price had been fixed in good faith or paid and in case it came to the conclusion that the sale price had been paid in good faith, the suit was to be decreed on the payment of such price by the pre-emptor, and not dismissed as contended by…

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