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-Ishhad, notice of---Defendant's plea that thumb impression of witness on such notice was fictitious for he being an educated person used to sign documents---Statement of such witness during his examination to have thumb impressed such notice---Effect---Such notice, if served and contained names of two witnesses, would be deemed to be in accordance with requirements of law---Witness as per his sweet will might either sign or thumb impress such notice---Non-signing or non-thumb impressing of such notice by witness would not make notice defective as witness himself had appeared in court and affirmed its issuance in his presence---Formalities required under law for such Talb stood duly complied with---Defendant's plea was repelled in circumstances. Abdul Malik v. Muhammad Lateef 1999 SCMR 717; Abdur Rahim and another ,v. Mst. Jantay Bibi and others 2000 SCMR 346; Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291 and Muhammad Rashid Ahmad v. Muhammad Siddique PLD 2002 SC 293 rel. (b) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13---Talb-e-Ishhad, notice of---Requirements---Scope---Such notice, if served and contained names of two witnesses, would be deemed to be in accordance with law. Abdul Malik v. Muhammad Lateef in 1999 SCMR 717 rel. JUDGMENT ATTAULLAH KHAN, J.---Through this revision petition filed under section 115, C.P.C., Haji Amanullah Khan etc.; defendants/ petitioners herein, have called in question the concurrent judgments and decrees dated 14-1-2010 and 25-2-2010 passed by the learned Civil Judge Paharpur and learned Additional District Judge-II D.I. Khan, whereby the pre-emption suit of Abdur Rashid Khan, plaintiff/respondent herein was decreed. 2. According to the averments made in the plaint by the plaintiff Abdur Rashid Khan, the defendants Amamillah Khan etc.; had purchased the suit-land measuring 11 kanals, 7 marlas situated in Mouza Wanda Feroz through a registered deed dated 25-11-2002 fully detailed in the heading of the plaint for an actual amount of Rs.74,000 but in order to defeat his pre-emptive rights, an…

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