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

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: 22

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Talb-i-Ishhad, performance of---Requirements---Trial Court dismissed the suit but Appellate Court decreed the same---Contention of defendant was that notice of Talb-i-Ishhad had not been served upon the vendee---Validity---Vital discrepancy in the statements of witnesses of pre-emptor was on record---Notice of Talb-i-Ishhad had not been served upon the defendant---Mere sending notice of Talb-i-Ishhad was not sufficient for performing talbs---Requirement of "sending a notice in writing" was followed by a rider i.e. under registered cover acknowledgment due---When notice of Talb-i-Ishhad was not received by the vendee/addressee but by some other person and receipt thereof had been denied by the vendee then requirement of sending a notice of Talb-i-Ishhad had not been fulfilled---Pre-emptor had failed to prove service of notice of Talb-i-Ishhad by leading evidence in the present case---Impugned passed by the Appellate Court was not sustainable, in circumstances, which was set aside and suit was dismissed---Revision was allowed accordingly. Thammiah v. Election Officer (1980) 1 Kant L.J 19; Khan Afsar v. Afsar Khan and others 2015 SCMR 311; Allah Ditta through L.Rs and others v. Muhammad Anar 2013 SCMR 866 and Qaiser Zamani v. Rasheeda Begum 1985 CLC 496 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XLI, R. 22---Appeal against decree of Trial Court dismissing suit---Cross-objections, filing of---Necessity had right to support the of Trial Court without filing the cross-objection and he could make oral objection to assail the findings on issues rendered against him. Mst. Jamila Begum v. Awam-un-Nisa and 15 others PLD 1978 Lah. 1376; Asifa Khanum through L.Rs. v. Sheikh Abdul Ghafoor through L.Rs 2009 CLC 1089 and Amir v. Falak Sher and another 2003 CLC 1756 rel. JUDGMENT SHAKEEL AHMED, JUSTICE:---.--- This revision petition is directed against the judgment dated 13.01.2009, passed by the learned Additional District Judge, Mansehra, whereby he allowed respondent's appeal and reversed the judgment and decree dated 29.07.2006 through which while reversing the judgment and decree of the learned…

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