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---Description of property, inadvertent/clerical mistake in---Property numbers written in Urdu numbering were wrongly given in notice of Talb and plaint-- -Courts below dismissed the suit---Validity---Description of property was mentioned in plaint---Copy of registered deed was annexed with the plaint---Vendee had never denied the factum of purchase of property through the said deed---Description of property was written in registered deed in Urdu numbers on basis of which notice of Talb-i-Ishhad was issued and plaint was drafted---All other numbers were in English---Neither the officials of revenue hierarchy nor lawyers could read or write Urdu and Persian numbers nowadays, nor those were taught in schools---Scribe of plaint and notice of Talb-i-Ishhad had inadvertently read the numbers in Urdu in registered deed “22” as “44” with respect to its similarity/resemblance---Law required the adjudication on merits rather than technicalities---Revision petition was allowed with cost and suit was deemed pending before Trial Court. Qamar-ud-Din v. Muhammad Din and others PLD 2001 SC 518; Gulshan Yaseen and others v. Ajab Gul 2013 SCMR 23 and Zohra Bibi and another v. Haji Sultan Mehmood and others 2018 SCMR 762 ref. (b) Administration of justice---Whenever it was possible to grant a relief under the law, then technicalities in way of administration of justice should be avoided to the possible extent. Muhammad Ijaz Ahmad Chaudhry v. Mumtaz Ahmad Tarar and others 2016 SCMR 1 rel. (c) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)---S.16---Right of pre-emption---Transfer to legal heirs---Scope---Death of pre-emptor did not abate the suit but the right of pre-emption being survived would devolve upon the legal heirs. Alam Sher and 2 others v. Muhammad Usman Khan through legal heirs and 2 others 2017 CLC Nore 189 ref. (d) Words and phrases--- “Mistake”/”clerical mistake”---Connotation---Mistake made in a letter, paper or document that changed its meaning such as typographical error or un-intentional addition/omission or a word, phrase or a figure, a mistake of any of the said kinds was a result…

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