Law:

Section:

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)-------S. 13---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Suit for pre-emption--- Performance of Talb-i-Muwathibat--- Proof through attorney---Scope---Non-appearance of pre-emptor making Talb-i-Muwathibat without any valid reason---Presumption that appearance of pre-emptor would be unfavourable evidence---Scope---Contentions of the defendant (appellant) were that Talb-e-Muwathibat had not been proved in accordance with the law as the pre-emptor (plaintiff) did not appear personally nor any reason was given for her non-appearance; that Talb-e-Muwathibat was personal to the pre-emptor and could not have been proved through special attorney as the veracity of said Talb could only be examined if the pre-emptor herself had appeared---Validity---Pre-emptor did not appear herself and elected to be represented through her attorney, but neither the attorney nor any witness gave any reason for non-appearance of the pre-emptor---Attorney had stated in his examination-in-chief that the pre-emptor was his sister-in-law and resided with him but he gave no reason as to why she did not appear herself---Special power of attorney in favour of the attorney indicated that he was not even authorized as a witness on pre-emptor's behalf with regard to the performance of Talb-e-Muwathibat---Pre-emptor could be represented through an attorney but there had to be valid reasons for non-appearance, which reasons were lacking in the present case---High Court decreed the pre-emption suit in favour of the pre-emptor on the ground that she could not "afford and endure the agonies of appearing as a witness in civil matters"---Validity---Pre-emptor gave power of attorney in the premises of the Tehsil court, and if she could appear there, question was what prevented her from appearing before the Trial Court or having herself examined through a commission---Best evidence with regard to performance of Talb-e-Muwathibat was the person who had made such a Talb but, in the present case, such piece of evidence was withheld and not produced, because of which Art.129(g) of the Qanun-e-Shahadat, 1984, was applicable to the case--- High Court, in…

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