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

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: 96,115

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S.13---Pre-emption suit---Talb-e-Muwathibat, Talb-e-Ishhad and Talb-e-Khusumat, performance of---Failure of plaintiff to prove performance of such Talbs---Effect---Right of pre-emption would extinguish on such failure. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S.13---Pre-emption suit---Talb-e-Muwathibat, performance of---Statements of plaintiff's witnesses regarding performance of Talb-e-Muwathibat recorded after lapse of four years---Non-material inconsistencies in statements of such witnesses---Effect---Law would not favour to throw away pre-emptor just on technicalities---Non-material inconsistencies or minor contradictions/omission in such statements could not mar the case of plaintiff---High Court deprecated and disapproved practice of Trial Court to declare witnesses as false or untruthful on account of minor omissions or contradictions in their statements. PLD 2002 Lah. 280; 2005 YLR 197; 2006 SCMR 1410 and PLD 2003 Pesh. 179 rel. (c) Civil Procedure Code (V of 1908)--- ----Ss.96 & 115---Revision---Divergent findings of two courts below---Effect---High Court would give due attention to prefer findings of lower Appellate Court, unless same suffered from grave irregularity or were perverse or reason given by lower Appellate Court was not sustainable. 2007 SCMR 576 rel. THIS JUDGMENT DELIVERED BY: MRS. IRSHAD QAISER, JUSTICE:---.--- By way of this revision petition, petitioner Fazal Rahim has assailed the validity of judgment and decree dated 16-9-2009 passed by learned ADJ-IX Peshawar whereby he accepted the appeal of the plaintiff/respondent and set aside the judgment and decree of Civil Judge dated 23-12-2008. 2. Precise facts of the case are that respondent/brought a suit for possession through exercising his right of pre-emption to suit property measuring 1 kanal 10 marlas fully described in the heading of the plaint sold in favour of defendant/Fazal Rahim/petitioner and Fazal Rabi vide registered deed No. 17660 dated 9-8-2004 for sale consideration of Rs.30000. 3. It was averted in the plaint that the vendor, without issuance of any notice to the proposed pre-emptor had sold…

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