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

Section: 13(3)

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

Section: 129

Law: General Clauses Act, 1897

Section: 27

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--S. 13(3)---Suit for possession through pre-emption---Performance of notice of Talb-i-Ishhad not proved---Plaintiff/respondent claimed that he sent the notice of Talab-i-Ishhad through registered post with acknowledgment due---Since the appellant/defendant denied such fact in his written statement, it was the duty of the plaintiff/respondent to prove not only the issuance of notice of Talab-i-Ishhad in accordance with law and sending of notice to the vendee/defendant through registered post, acknowledgment due but also the service of notice upon vendee/defendant or refusal thereof by producing the Postman and acknowledgment receipt---Admittedly the plaintiff/respondent has not produced the original postal envelope if returned to him on refusal to receive the same by vendee/defendant, neither the receipt of acknowledgment of delivery of notice was produced nor the postman---Plaintiff failed to prove the performance of Talab-i-Ishhad in accordance with law. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)---S. 13(3)---Qanun-e-Shahadat (10 of 1984), Art. 129---General Clauses Act (X of 1897), S. 27---Suit for possession through pre-emption---Performance of notice of Talb-i-Ishhad---Proof --- Burden of proof---Scope---In terms of Article 129 of the Qanun-e-Shahadat, 1984 read with section 27 of the General Clauses Act, 1897, a presumption of service does arise if a notice sent through registered post with acknowledgement due is received back with the endorsement of ‘refused’ by the postal authorities but if the addressee appears in Court and makes a statement on oath disowning receipt of notice, the presumption under the said provision shall stand rebutted and the onus is on the party which is relying on such an endorsement to prove the same by producing the postman who made the endorsement. Muhammad Bashir v. Abbas Ali Shah 2007 SCMR 1105; Bashir Ahmed v. Ghulam Rasoor 2011 SCMR 762; Allah Ditta v. Muhammad Anar 2013 SCMR 866; Dayam Khan v. Muslim Khan 2015 SCMR 222; Basharat Ali Khan v. Muhammad Akbar 2017 SCMR 309 and Sultan v. Noor Asghar 2020 SCMR 682 ref. (c) Civil Procedure Code (V of 1908)--- ----O. XLI,…

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