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

Section: 13(3)

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13(3)---Suit for possession through pre-emption---Talb-i-Ishhad, making of---Proof---It is mandatory for the plaintiff/pre-emptor to state the names of the witnesses for Talb-i-Ishhad in his plaint and then prove their attestation by producing them in Court. Talb-i-Ishhad, or demand by establishing evidence, means the calling of two witnesses by the pre-emptor to attest his making of the first demand (Talb-i-Muwathibat) to strengthen his claim for preemption. The calling of witnesses is not necessary for the validity of his claim for pre-emption, it is on the other hand, intended to provide the pre-emptor with proof when the vendee denies the demand (Talb). This position of law unequivocally suggests that proving the presence of witnesses is one of the material facts, within the contemplation of Order VI, C.P.C., which establishes that the essential formalities for making Talb-i-Ishhad were observed by the pre-emptor. As such, it is mandatory for the plaintiffs to first state the names of the witnesses for Talb-i-Ishhad in their plaint and then prove their attestation by producing them in Court. Sarjug Singh and another v. Jagmohan Singh and others AIR 1919 Patna 496 ref. In the present case the plaintiffs had omitted to mention the names of the witnesses of Talb-i-Ishhad in the plaint. Such omission is fatal to the claim proffered by the plaintiffs. The right of pre-emption is but a feeble right. As it disseizes another who has acquired a property in bona fide manner for good value, it entails that the ritual of the Talbs must be observed to the letters, and any departure, howsoever slight it may be, defeats the right of pre-emption. Dr. Pir Muhammad Khan v. Khuda Buksh 2015 SCMR 1243 ref. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13(3)---Suit for possession through pre-emption---Talb-i-Ishhad, making of---Scope---Mere signing and sending a notice to the vendee without confirming the intention to exercise the right of pre-emption is not sufficient for purposes of making Talb-i-Ishhad. Muhammad Zahid v. Dr. Muhammad Ali PLD 2014 SC 488 ref. (c) Khyber Pakhtunkhwa Pre-emption Act (X…

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