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

Section: 31,32

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

Section: 31,32

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.1

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)-------Ss. 31 & 32---Suit for pre-emption---Limitation---Starting of limitation---For the purpose of computation of period of limitation, the time prescribed would start from the date of registration of the sale-deed---Issuance of notice under S.32 of Khyber Pakhtunkhwa Pre-emption Act, 1987 by the officials attesting the mutation or registering the sale-deed, was directory in nature and not mandatory provisions of law having some penal consequences for its non-compliance---Sale of suit property in the case was effected through registration of sale-deed prior to more than 8 months from date of attestation of mutation in respect thereof---Sale-deed was incorporated in Revenue Record through said mutation and reference of said registered deed had also been given in the mutation---Effect of registered sale-deed would be a notice to public at large; and in that analogy, law had also provided the start of limitation from the date of registration of sale-deed---Pre-emptor was required to file his suit within 120 days of the registration of sale-deed and not from date of attestation of mutation. (b) Civil Procedure Code (V of 1908)--- ----O. VI, R.1---Pleadings---Party could not build up a case on the grounds which were not raised in the pleadings---Such evidence could not be considered in favour of the party. Walid Dad v. Gul Bab Khan 2005 MLD 1668 distinguished. Maulana Nur-ul-Haq v. Ibrahim Khalil 2000 SCMR 1305 rel. Syed Muhammad Attiq Shah for Petitioner. Aqeel Khan Khattak for Respondents. Date of hearing: 7th October, 2011. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.--- The petitioner being aggrieved of the concurrent findings of the two Courts below whereby his suit of pre-emption was dismissed by the Civil Judge-II, Takht-e-Nasrati, Karak vide his judgment and decree dated 17-12-2009 and his appeal against the same was also dismissed by Additional District Judge, Karak at Takht-e-Nasrati vide his judgment and decree dated 7-3-2011 mainly on the ground of limitation. 2. Learned counsel for the petitioner mainly contended that the transfer of suit property by way of registered deed in Karak was an intentional and…

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