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

Section: 13

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Suit for pre-emption---Talb-i-Muwathibat not made immediately---Talb-i-Ishhad sent beyond the prescribed two weeks' time---Pre-emptor claimed that his nephew learnt of the sale on the day of the execution of the sale deed, which was 25.01.2003, however, the nephew stated that pre-emptor was informed by him on 06.03.2003---In his cross-examination the nephew stated that he did not know the name of the purchaser and also did not know the particulars of the land which had been purchased, thus it was clear that the pre-emptor had not learnt of the sale on 06-03-2003 as was stated by him in the plaint---Pre-emptor in his cross-examination admitted that his nephew learnt of the sale on the date of execution of sale deed, which was 25.01.2003, therefore, it could reasonably be presumed that the nephew must have informed his uncle (pre-emptor) then or soon thereafter instead of waiting for forty-one days---Pre-emptor pleaded and testified that Talb-i-Muwathibat was made on 06.03.2003 which was not believable, particularly, when the nephew testified that the only reason for him to go and see his uncle on 06.03.2003 was to inform him about the sale, thereby suggesting that he had considered the communication of information of sale as important---In the plaint it was disclosed that the nephew had learnt of the sale on 25.01.2003, thus, it appeared that the pre-emptor had knowledge of the sale on 25.01.2003 but to bring the notice of Talb-i-Ishhad within the statutory period of two weeks had alleged in the plaint that he learnt of it on 06.03.2003---In a pre-emption suit the pre-emptor must immediately upon learning of the sale make Talb-i-Muwathibat and thereafter as per the Khyber Pakhtunkhwa Pre-emption Act, 1987, within fourteen days, send notice of Talb-i-Ishhad---Since the knowledge of sale was obtained by the respondent on 25.01.2003, or soon thereafter, the notice of Talb-i-Ishhad issued on 17-03-2003 was sent beyond the statutory period of two weeks---Pre-emption suit failed on said grounds and was dismissed accordingly---Appeal was allowed. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)---…

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