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

Section: 13(2)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 71

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)----S. 13(2)---Qanun-e-Shahadat (10 of 1984), Art. 71---Suit for possession through pre-emption--- Talb-i-Muwathibat--- Proof---Evidence of witness of Talb-i-Muwathibat must be direct---Person who conveys the information of the fact of sale must be a person who has seen the fact of sale and it is he who can then pass on the said fact to another person(s)---Thus, the chain of the source of information, as to the fact of sale, from the very first person, who has the direct knowledge thereof and passes on the same to the person who lastly informs the pre-emptor, must be complete---Only the complete chain of the source of information of the sale can establish the essential elements of Talb-i-Muwathibat, which are: (i) the time, date and place when the pre-emptor obtained the first information of the sale, and; (ii) the immediate declaration of his intention by the pre-emptor to exercise his right of pre-emption, then and there, on obtaining such information---Where the entire case as to making of Talb-i-Muwathibat is built on the hearsay evidence of a witness, it would raise doubts on the veracity and truthfulness of the witnesses produced by pre-emptor. Subhanuddin v. Pir Ghulam PLD 2015 SC 69 ref. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)---S. 13(2)--- Suit for possession through pre-emption--- Talb-i-Muwathibat---Proof---Circumstances contrary to version of Talb-i-Muwathibat---Assertion of a pre-emptor as to having come to know of the sale of the land on a particular date and making of Talb-i-Muwathibat on that date, being his personal and private act, cannot ordinarily be contradicted by the vendee through direct evidence; he can rebut such assertion, mostly by circumstantial evidence---Where two witnesses come up with an oral version of obtaining and conveying the first information of the sale, which are their personal and private acts, the authenticity of it can be examined only by testing the chain of the source of passing on and obtaining such information, as well as by establishing the circumstances that are inconsistent with their such version. (c) Witness--- ----Statement of a witness, reliance…

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