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

Section: 13

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Talbs, demand of---Failure to prove talb-i-ishhad---Non-production of postman---Production of photocopy of talb-i-ishhad---Effect---Plaintiff's suit for pre-emption was dismissed---Validity---Vendee had denied receipt of notice of talb-i-ishhad---Postman, who had delivered the notice of talb-i-ishhad, was not produced by the plaintiff---Photocopy of notice of talb-i-ishhad was produced, which was inadmissible in evidence---Plaintiff had not proved the notice through secondary evidence and failed to mention the date of dispatch of notice of talb-i-ishhad in the plaint as well as in his statement recorded before the court, therefore, courts below had rightly held that the plaintiff had failed to prove issuance and service of notice of talb-i-ishhad---Revision petition, being bereft of merit, was dismissed, in circumstances. Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105; Afsar v. Afsar Khan 2015 SCMR 311 and Muhammad Sarwar Khan and 2 others v. Din Muhammad and 7 others 2006 YLR 2411 ref. Allah Ditta v. Muhammad Anar 2013 SCMR 866 rel. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Talbs, demand of---Scope---Talb-i-Muwathibat envisages firstly, the act of prospective pre-emptor coming to know of the factum of sale, secondly, such knowledge or information emanating from a sitting or meeting and thirdly declaration of his intention to pre-empt the suit property immediately on getting knowledge of the sale---Pre-emptor is, thereafter, required to make the demand of Talb-i-Ishhad, as soon as possible but not later than two weeks from the date of notice of sale, for the knowledge of vendee by sending a notice in writing attested by two truthful witnesses, under a registered postal cover with acknowledgment due, confirming his intention to exercise his right of pre-emption---Pre-emptor then has to make a demand of Talb-i-Khusumat by filing a suit in a competent court of law for enforcing his right of pre-emption. (c) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Talbs, demand of---Feeble right---Scope---Pre-emption right, being a feeble right, pre-emptor…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492