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

Section: 13,13(3)

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Suit for pre-emption---Talb-e-Mawathibat---Scope and proof---Non- production of informer---Effects/plaintiffs contended that non-production of informer was of no consequence as he had proved the Talbs in accordance with law---Held, that neither the informer nor anybody else, in whose presence Talb-e-Mawathibat was allegedly made, was produced as at the time of making said Talb, several persons were assembled on the return of one of the petitioners after performing Hajj---Talb-e-Mawathibat could easily be proved by production of anyone from the persons/witnesses in whose presence the Talb was made but, in the present case, except the son of one of the petitioners, no one else was produced---No reasonable or plausible explanation was given by the petitioner for non-production of the informers had failed to prove their case---No illegality or infirmity was found in the impugned s and decrees passed by both the Courts below---Revision petition was dismissed, under circumstances. 2004 YLR 655 distinguished. Muhammad Mal Khans case 2002 SCMR 235 and Abdul Reman v. Haji Ghazan Khan 2007 SCMR 1491 ref. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13(3)---Suit for pre-emption---Talb-e-Ishhad---Separate notice to each vendee (defendant) not sent---Postman not produced as witness---Effects/plaintiffs challenged registered deed whereby two vendees(defendants) had purchased the property, but they had not sent separate notices, through registered post with Acknowledgment-Due (AD) cards, as required in terms of S.13(3) of Khyber Pakhtunkhwa Pre-emption Act, 1987---One of the respondents had categorically denied receiving any notice in the written-statement whereas one of witnesses of the petitioners had admitted the said fact in the cross-examination---When receipt of notices was denied by the defendant then production of postman as petitioners witness was sine qua non---Sending notice through registered post without Acknowledgment Due (AD) could not be construed to have met the requirement of S.13(3) of Khyber Pakhtunkhwa Pre-emption Act, 1987---Revision petition was dismissed. Sultan v. Noor…

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