Law:

Section:

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 5 & 6---Civil Procedure Code (V of 1908) O. VII, R. 11---Suit for pre-emption---Rejection of plaint---Application of the defendants for rejection of plaint was dismissed concurrently---Contention of the defendants was that they had sold the suit land before the plaintiff had filed the suit and had therefore after attestation of the subsequent mutation in favour of the new owners, they had no concern with the case---Validity---Plaintiff had denied the existence of the subsequent mutation but an attested copy of the same had been annexed with the present revision whereby suit land was transferred by the defendants and as per version of the plaintiff, subsequent mutation was attested one and a half months prior to the date of the knowledge of the plaintiff and therefore, he should have pre-empted the subsequent mutation as the previous sale had become non-existent---Courts below erred in dismissing application for rejection of plaint---Impugned orders were set aside and plaint was rejected under provisions of O.VII, R.11, C.P.C.---Revision was allowed, in circumstances. JUDGMENT QAISER RASHID KHAN, J.---Brief and essential facts leading to the instant revision petition are that the respondent/plaintiff namely, Haji Sher Akbar Khan filed a suit against the petitioners/defendants namely; Hamidullah and two others for possession through pre-emption in respect of the land fully detailed in the heading of the plaint, sold through Mutation No.3482 attested on 15-1-2010 for a sale consideration of Rs.2050 but an inflated amount of Rs.20,000 was entered in the mutation to defeat the right of pre-emption of the respondent/plaintiff. According to the respondent/plaintiff, he came to know about the suit transaction on 27-4-2010 at 0500 hours in his house through one Mir Askar Khan and there and then, he declared his intention to pre-empt the suit land. It is further averred that on 7-5-2010 the respondent/plaintiff sent notices of Talb-e-Ishhad to the petitioners/ defendants attested by two witnesses as per the requirement of section 13 of the N.-W.F.P Pre-emption Act, 1987. 2. On being summoned, the…

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