Law: North West Frontier Province Preemption Act, (X of 1987)

Section: 13

(a) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13---Pre-emption suit---Talb-i-Muwathibat, performance of---Plaint finding mention date, time, place of such Talb along with name of informer---Non-mentioning date of such Talb by plaintiff and his three witnesses during evidence---Omission of informer to disclose date, time and place of such Talb in examination-in-chief, but disclosing during cross-examination only time as "sham vela"---Validity---Informer should have stated specifically time in hours, but not "sham vela" for being a wider term-- Such Talb had become defective by not disclosing its date in evidence either by plaintiff or his three witnesses---Mentioning of date, time and place of such Talb in plaint was necessary, failing which right of pre-emption could not be enforced---Such Talb was not performed legally---Suit was dismissed in circumstance. (b) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13---Pre-emption suit---Talb-i-Ishhad, notice of---Copy of such notice available on record---Defendant's denial to have received such notice---Plaintiff's plea that he did not receive AD card of such notice---Non-examination of Postman by plaintiff in proof of service of such notice upon defendant---Validity---When AD card was not available or produced, then examination of Postman as, witness in support of service of such notice would become necessary---In case of failure to produce and examine Postman, presumption would be that such notice was not received by defendant---Talb-i-Muwathibat had become defective on account of non production of AD card and non-examination of Postman---Plaintiff had become disentitled to pre-empt suit land---Suit was dismissed in circumstances. 2010 YLR 1190 and 2010 SCJ 643 rel. JUDGMENT ATTAULLAH KHAN, J.---Through this civil revision petition filed under section 115, C.P.C., the petitioners have questioned the concurrent judgments and decrees dated 17-3-2001 and 6-11-2004 passed by the Courts below respectively, whereby the pre-emption suit of the plaintiff/respondent Muhammad Ashraf Khan was decreed. 2. Facts of the case giving rise to the instant revision petition are that Ashraf…

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