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

Section: 13,6

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss.13, 6---Demand of pre-emption---Persons in whom the right of pre-emption vests---Superior right---Scope---Petitioner filed a suit for recovery of possession through pre-emption---Trial Court as well as Appellate Court dismissed the suit---Validity---Not even a single line/side of any survey number of the disputed property was connected with the property owned by petitioner---Petitioner had no superior right on the ground of contiguity or compact block with the disputed property---Pre-emptor had proved his “talbs” in accordance with law, however, he could not prove his superior right being contigious owner of the property in dispute---Order of dismissal of the suit was maintained. PLD 2004 Lah. 12; Allah Ditta v. Ali Muhammad 1999 CLC 831; Subhan-ud-Din and others v. Pir Ghulam PLD 2015 SC 69; 2006 MLD 1001; Salah-ud-Din Butt and others v. Punjab Service Tribunal and others PLD 1989 SC 597 and Ghulam Rasool through L.Rs. and others v. Muhammad Hussain and others PLD 2011 SC 119 ref. Allah Ditta v. Ali Muhammad 1999 CLC 831; Ahmed Khan v. Sattar Din PLD 1981 SC 148; S.M. Khaliq Shah and another v. Haji Feroz Khan and others 1983 SCMR 223; Province of Punjab through Collector, Rajanpur District and 2 others v. Muhammad Akram and others 1998 SCMR 2306 and Suba and others v. Abdul Aziz and others 2008 SCMR 332 rel. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S.13---Demand of pre-emption---Talb-i-Muwathibat---Scope---Talb-i-Muwathibat is a jumping demand having its root in the right of pre-emptor but without any delay upon getting the knowledge of sale in question---Such is sine qua non for pre-emptor to mention in the plaint the date, time and place of making Talb-i-Muwathibat and also to produce the informer before the Court but neither it is…

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