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

Section: 6,Expln.I,20,21,13,5,15

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 6, Expln. I---Phrase "co-owner in the corpus" as used in Khyber Pakhtunkhwa Pre-emption Act, 1987---Meanings. (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 6, Expln. I, 20 & 21---Pre-emption suit---Plaintiff claimed to be co-owner in suit land to the extent of 7/8 marlas---Denial of plaintiffs right of pre-emption by defendant and his claim for expenses incurred on attestation of suit mutation---Validity--Plaintiff having all rights of ownership fulfilled condition laid down in S.6 of Khyber Pakhtunkhwa Pre-emption Act, 1987---Plaintiff as co-owner in suit land would substitute defendant to extent of half share therein, thus, plaintiff would be liable to pay half of such expenses to defendant---Suit was decreed to extent 1/2 share of suit land by awarding half of such expenses to defendant. 2006 YLR 1203 ref. (c) Interpretation of statutes--- ----Provision of law would be implemented in letter and spirit and would always be given same meanings as emanating from its plain language. (d) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----S. 13---Pre-emption suit---Talb-i-Muwathibat and Talb-i-Ishhad, performance of---Proof---Plaint and Talb-i-Ishhad finding mention of acquisition of knowledge by plaintiff about sale through suit mutation, announcement of his intention to pre-empt same and details of suit land---Defendant neither pleaded in written statement not to have received notice of Talb-i-Ishhad nor appeared in person as witness to deny factum of its receipt---Validity---Plaintiff had sufficiently complied with requirements of Talbs---Defendant's attorney in his statement had not expressly denied report of Postman---Presumption of service in such circumstances would arise unless rebutted---Nothing on record to rebut service of notice of Talb-i-Ishhad and report of Postman---Suit was decreed, in circumstances. Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105 rel. (e) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)--- ----Ss. 5 & 15---Pre-emption suit---Waiver---Scope---Defendant's pleas were that plaintiff had knowledge about suit sale; that he was asked to…

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