Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Talbs, performance of---Requirements---Pre-emptor had not fulfilled the mandatory talbs---Foundation of claim of pre-emption rested on making an immediate declaration of intention to assert one's right i.e. Talb-i-Muwathibat and if same was not done then entire structure would collapse---Plaintiff and his witnesses had denied the performance of talbs in their cross-examination---Courts below had duly considered said aspects of the case---Right of pre-emption could not be exercised unless and until pre-emptor had performed Talb-i-Muwathibat immediately with regard to sale in the same meeting---Pre-emptor had also to substantiate his claim by producing convincing, cogent, reliable and confidence inspiring evidence to prove talbs in accordance with law---Performance of talbs and its proof was a question of fact regarding which Courts below had appreciated the evidence minutely and discussed the same in detail and had arrived at concurrent conclusion---Notices of Talb-i-Ishhad were never served personally on the vendees and on this score alone suit was liable to be dismissed---No mis-reading or non-reading of evidence had been pointed out in the impugned s passed by the Courts below---Revision was dismissed in circumstances. PLD 2003 Pesh. 179; 2015 SCMR 1222; 1992 SCMR 1780; 2003 MLD 873; 2010 YLR 1190; 2015 MLD 1228 and PLD 2003 SC 315 ref. 2009 CLC 880; 2011 CLC 244; 2013 SCMR 1113; PLD 2015 SC 69; 2015 SCMR 222 and 2013 SCMR 866 rel. THIS JUDGMENT DELIVERED BY: IJAZ ANWAR, J.--- Fazal Karim, petitioner through the instant Civil Revision Petition, called in question the consolidated judgment and decree of the learned Additional District Judge/Zila Qazi-II, Swat dated 18.4.2015 whereby while dismissing the appeal bearing No. 15/13 of 2014 titled Fazal Karim v. Anwar Zeb etc. and appeal bearing No.16/13 of 2014 titled Fazal Karim v. Rafiullah etc., upheld the consolidated judgment and decrees dated 21.02.2014 passed by Civil Judge/Illaqa Qazi Khwaza Khela by which he dismissed the suits bearing No. 59/1 dated 26.4.2011 titled Fazal Karim v. Anwar Zeb and Suit No.98/1 dated 11.6.2011 titled Fazal Karim…

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