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

Section: 2(d),5

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

Section: 129

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 2(d) 5---Right of pre-emption in case of gift---Scope---Sale meant permanent transfer of the ownership of an immovable property in exchange for a valuable consideration and included transfer of an immovable property by way of hiba-bil-iwaz or hiba-bi-shart al-iwaz but in line with one of the exceptions provided therein, it did not include a transfer of an immovable property through inheritance or will or gift, other than hiba-bil-iwaz or hiba-bi-shart al-iwaz---Right of pre-emption arose in case of sale and when such sale was completed but did not arise in case of transfer of immovable property without consideration such as gift. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 2(d) 5---Right of pre-emption---Scope---Alleged gift of suit property---Failure to prove factum of gift---Gist of evidence showed that defendant/vendee failed to establish the factum of gift---Attorney of the defendant appeared as a witness, who deposed that the property was gifted by vendor to the defendant, however, during his cross examination, he deposed that vendor was present in his village but he could not produce any witness of the gift---Neither the alleged donor nor the witnesses of the alleged mutation of gift were produced or called in the court for evidence---Stamp vendor appeared and verified that stamp paper in question was sold by him to the vendor for agreement to sell in favour of vendee---Defendant/vendee failed to produce important witnesses, i.e. the alleged donor and the alleged witnesses of the mutation, despite framing of specific issue by the Trial Court whether there was no transaction of sale but a gift---Suit for pre-emption filed by respondent had rightly been decreed by the courts below---Petition for leave to appeal was dismissed and leave was refused. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 129---Withholding/non-production of evidence---Presumption---Adverse inference for non-production of evidence was one of the strongest presumptions known to law and the law allowed it against the party who withheld the evidence. (d) Civil Procedure Code (V of 1908)--- ----S.…

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