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

Section: 31, 32

Law: Limitation Act, 1908

Section: 18. 29

Khyber Pakhtunkhwa Pre-emption Act (X of 1987)-------Ss.31 & 32---Limitation Act (IX of 1908), Ss. 18 & 29---Suit for pre-emption--Plea of fraud---Limitation---Pleadings---Proof---Suit filed by appellant/pre-emptor was decreed in his favour by Trial Court and Lower Appellate Court but High Court in exercise of revisional jurisdiction dismissed the suit on the ground of limitation--Validity---Mere assertion in pleadings was not beneficial at all unless established through evidence in the light of pleadings---Fraud had to be pleaded from the beginning with full particulars of fraud and then should be established through evidence---Supreme Court declined to interfere in judgment and decree passed by High Court as the suit filed by appellant/pre-emptor was barred by limitation--Appeal was dismissed.JUDGMENTMAZHAR ALAM KHAN MIANKHEL, J.---The appellant through instant Civil Appeal has questioned the judgment and decree dated 09.09.2013 of the Peshawar High Court, Peshawar whereby the learned Judge in Chambers accepted the Revision Petition dismissing the pre-emption suit, concurrently decreed by the Trial and the Appellate Court.2.    The learned counsel for the appellant at the very outset submitted that his senior counsel namely Muhammad Arif Khan, Sr. ASC in this appeal has almost left the practice because of his old age and multiple ailments. He requested for appearance on his behalf, was accordingly allowed.3.    We have heard the learned counsel for the appellant and have gone through the available record. The record of the case would reflect that the pre-emption suit filed by the appellant was decreed by the Trial Court and appeal thereagainst of the respondent vendee was dismissed. The respondent still feeling himself aggrieved filed a civil revision before the Peshawar High Court, Peshawar and the learned Judge in Chambers while accepting the Civil Revision, dismissed the suit of present appellant being barred by time under section 31 of the Khyber Pakhtunkhwa Preemption Act, 1987 "The Act" of 1987. If the time period for filing of the suit from the date of attestation of mutation i.e 04.11.2008 till filing of…

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