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

Section: 13

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

Section: 77

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Suit for pre-emption---Scope---For getting a favourable decree in a pre-emption case, a pre-emptor has to establish the performance of all the three talbs i.e. Talb-i-Muwathibat, Talb-i-Ishhad and Talb-i-Khusumat. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Suit for pre-emption---Talb-i-Ishhad---Proof---Section 13 of the Khyber Pakhtunkhwa Pre-emption Act, 1987, mandates that the notice of Talb-i-Ishhad must be attested by two truthful witnesses and thus in order to prove the same a pre-emptor has to produce them in Court. (c) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Suit for pre-emption---Talb-i-Ishhad---Non-production of witnesses---Effect---Plaintiff had produced only one out of two witnesses of the notice of Talb-i-Ishhad---Such failure was a grave and blatant violation of S. 13, of Khyber Pakhtunkhwa Pre-emption Act, 1987, therefore, such notice of Talb-i-Ishhad would not be deemed to have been proved by the plaintiff. (d) Khyber Pakhtunkhwa Preemption Act (X of 1987)--- ----S. 13---Suit for pre-emption---Talb-i-Ishhad---Scope---Pre-emptor is bound to produce both the attesting witnesses of notice of Talb-i-Ishhad. Bilal Ahmad and another v. Abdul Hameed 2020 SCMR 445; Mst. Nusrat Bibi v. Nazir Akhtar 2015 SCMR 808 and Dawa Khan through L.Rs and others v. Muhammad Tayyab 2013 SCMR 1113 rel. (e) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Suit for pre-emption---Talb-i-Ishhad---Proof---Notice of Talb-i-Ishhad was not exhibited in evidence by the plaintiff on the pretext that since the original notice of Talb-i-Ishhad was sent to the vendees, therefore, the same was not exhibited under the impression that a photo state copy of the same could not be exhibited---When sending of notice of Talb-i-Ishhad to vendee was the requirement of S.13(3) and notice of Talb-i-Ishhad was required to be proved then a photostat copy of the same could be produced and exhibited. (f) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Suit for pre-emption---Talb-i-Ishhad---Burden of proof---Scope---Affirmative onus to prove the receipt of notice…

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