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

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S.13---Pre-emption suit---Talb-e-Muwathibat and Talb-e-Ishhad, performance of---Proof---Plaintiff's plea that he came to know about suit sale at time of attestation of its mutation by Tehsildar at a hospital, where he was present as Lamberdar and performed Talb-e-Muwathibat in presence of Tehsildar in "Jalsa-e-Aam"---Validity---Plaintiff in plaint and evidence had not mentioned time of making jumping demand---Plaintiff in evidence had stated place of jumping demand to be "jalsa-e-Aam" without referring to hospital, thus, he had departed from his plea raised in plaint---Plaintiff had not mentioned in plaint name of witness of jumping demand, but had disclosed his name during evidence---Plaintiff during evidence had admitted that at time of attestation of suit mutation, his father who was Lumberdar at that time, used to identify mutations before Tehsildar---Such admission had made presence of plaintiff at relevant time in Patwarkhana highly doubtful---Witness of jumping demand in his statement had not mentioned its date, time and place of making by plaintiff---Scribe of notice of Talb-e-Ishhad had denied knowledge of its sender or witnesses---Such notice as stated by postman was received by brother of plaintiff and not by plaintiff himself---Witness of such notice had denied knowledge of its scribe and other witness---Right of pre-emption would cease to exist, if plaintiff failed to prove performance of Talbs strictly in accordance with law---Plaintiff had failed to prove such Talbs---Suit was dismissed in circumstances. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S.13---Pre-emption suit---Talb-e-Muwathibat, performance of---Failure of plaintiff to prove such Talb---Effect---Right of pre-emption would extinguish---Principles. The foundation stone of a pre-emption suit is Talb-e-Muwathibat and if same is not proved by the plaintiff, then the right of pre-emption ceases to exist. Right of pre-emption was a feeble right and the requirement of law is that its existence and enforcement must be strictly observed. (c) Civil Procedure Code (V of 1908)--- ----S.115---Concurrent findings of courts…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492