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

Section: 13

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

Section: 13

North-West Frontier Province Pre-emption Act (I of 1987)-------S. 13---Pre-emption suit---Talb-i-Muwathibat, performance of---Sale through deed registered on 3-4-2007---Plaintiff's plea in plaint was that on 11-6-2007, he came to know about sale deed and sent notice to defendant on same date---Proof---Plaintiff's statement during cross-examination that before making Talb-i-Muwathibat, he on 25-5-2007 made application for getting attested copy of sale deed, which was delivered to him on 26-5-2007; and that he got knowledge of sale four days before making such application---Validity---Such statement of plaintiff made clear that plaintiff came to know about the suit sale on 21-5-2007 i.e. much prior to date mentioned in plaint---Plaintiff had, thus, not performed Talb-i-Muwathibat soon after acquiring knowledge of suit sale on 21-5-2007---Omission to perform such talb soon after getting knowledge about suit sale was clear-cut violation of S. 13 of North-West Frontier Province Pre-emption Act, 1987---Suit was dismissed in circumstances. Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. and others PLD 2007 SC 302 and Mir Sahib Khan v. Muhammad Rauf Khan 1992 SCMR 1780 rel. Shahab Khattak for Petitioner. Fazli Haq Kohidamani for Respondent. Date of hearing: 17th September, 2010. JUDGMENT SARDAR SHAUKAT HAYAT, J.---Impugned herein is the judgment and decree dated 14-1-2010 of learned Additional District Judge-X. Peshawar vide which appeal of the respondent was accepted and judgment and decree dated 29-10-2009 of learned Civil Judge-X, Peshawar was set aside. 2. Short but relevant facts of the case are that petitioner/plaintiff filed a suit for possession through exercise of right of pre-emption in respect of the disputed property measuring 12 marlas house, fully detailed in the heading of the plaint, purchased by respondent/ defendant at a sum of Rs.8,00,000 vide registered deed No.1630 attested on 3-4-2007. It was averred in the plaint that the above sale was kept secret until the petitioner / plaintiff got knowledge of the same on 11-6-2007 at 9-00 a.m. and as soon as he got information of the alleged sale, petitioner/plaintiff there and then made…

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