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 (X of 1987)--- ----Ss. 6 & 13---Suit for pre-emption---Making of Talbs---Trial Court dismissed suit filed by the plaintiffs, but Appellate Court, setting aside of the Trial Court decreed suit---Plaintiff had totally omitted to mention in his examination-in-chief the necessary details of time, date, place and witnesses of making Talb-e-Muwathibat and had simply mentioned the name of the informer---Attesting witnesses of the notice of Talb-e-Ishhad were silent about their presence with the informer at the place from where the plaintiff was telephonically informed about the sale in question by the informer---Witnesses had also not stated about the observance of first formality of Talb-e-Muwathibat by the plaintiff, nor they had given the requisite details in their examination-­in-chief---Pre-emptor not only was required to give the requisite details in his plaint, but he also was required to substantiate the said details through his evidence as well, but the plaintiff had failed to do that---First formality of Talb-e-Muwathibat stood unfulfilled and the suit of the plaintiff could not be decreed, in circumstances---On date when notice of Talb-e-Ishhad was scribed and purportedly was given by the counsel on behalf of the plaintiff; no Wakalatnama was on the record on behalf of the plaintiff in favour of the counsel, meaning thereby that on said date neither counsel was authorized to scribe said notice on behalf of the plaintiff nor said attorney was delegated with any power to instruct the counsel for doing so---Whatever was done on behalf of the plaintiff was without any authority and same, in absence of any proof, could not be given ratification retrospectively---Impugned and decree recorded by Appellate Court being perverse in nature and based on summaries and conjectures, was set aside and decision of the Trial Court was restored and suit filed by the plaintiff was dismissed, in circumstances. 2007 SCMR 962; 2009 SCMR 488; 2008 SCMR 934 and Muhammad Fazal Paracha v. Mst. Fauzia Begum PLD 2003 Pesh. 40 ref. Abdul Sattar Khan for Petitioner. Abdul Samad Khan Zaida for Respondent. Date of hearing: 28th April, 2010.…

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