Law: Civil Procedure Code (V of 1908)

Section: S.115,O.VI,R.5

Law: Civil Procedure Code (V of 1908)

Section: S.115,O.VI,R.5

Law: North West Frontier Province Preemption Act, (X of 1987)

Section: 31,13(2)(3)

North-West Frontier Province Pre-emption Act (X of 1987)-------S. 13---Pre-emption suit---Talb-i-Muwathibat---Date, time and place of making such Tall not mentioned in plaint, but plaintiff mentioned such facts during his evidence---Validity---Mentioning of such facts in plaint was necessary---Such Talb had not been performed in accordance with provisions of S. 13 of North-West Frontier Province Pre-emption Act, 1987---Suit was dismissed in circumstances. 2000 SCMR 329 ref. PLD 2007 SC 302 rel. Malik Muhammad Bashir for Petitioners. Muhammad Daud Khan for Respondents. Date of hearing: 18th October, 2010. JUDGMENT ATTAULLAH KHAN, J.--- Noor Muhammad Khan etc; have filed this revision petition under section 115., C.P.C. against the judgment and decree dated 15-1-200, passed by the learned Additional District Judge-III, D.I. Khan, whereby appeal of Haji Sher Akbar Khan respondent against the judgment and decree dated 9-1-2004 passed by the learned Civil Judge-III D.I. Khan was accepted and his suit was decreed against the consideration mentioned in the impugned Mutation No.22741 attested on 29-1-1989. 2. Briefly stated facts of the case are that vide Mutation No.22741 attested on 29-1-1989, the petitioners, Noor Muhammad Khan etc. have purchased landed property measuring 267 Kanals, 17 Marlas situated in Mouza Panyala Janubi, Tehsil Paharpur District D.I. Khan from Mst. Gulzar Begum, daughter of Ghulam Sarwar' Khan against the sale consideration of Rs.80,355. 3. The aforesaid transaction was pre-empted by Haji Sher Akbar Khan plaintiff/respondent on the basis of co-sharership, contiguity, immunities and appendages. He further averred that the actual sale price of the suit land was Rs.8,000 but in order to defeat his pre-emptive rights, an exaggerated and inflated amount of Rs.80,355 was mentioned in the suit mutation. That no notice as required under section 31 of the N.-W.F.P. Pre-emption Act; 1987 was served upon him (the plaintiff) and soon after getting knowledge about the sale, he expressed his intention to pre-empt the same followed by the notice of Talb-e-Isshad under registered cover acknowledgment due. 4. The defendants contested the suit and filed…

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