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

Section: 13(2),13(3)

Law: General Clauses Act, 1956

Section: 26

(a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)-------S. 13(2)---Suit for possession through pre-emption---Talb-i-Muwathibat---Proof--Contradictions in the statement of witnesses---Suit filed by plaintiff for possession of suit land through pre-emption being contiguous owners in possession to the suit property was dismissed---Plaintiff filed an appeal but it was met with the same fate--Validity---Record reflected that the petitioner got knowledge of the sale in question on 12.07.2011 at 06.30 p.m. in his baitak after performing Asar prayer through Mr. "K" in the presence of two witnesses---Petition alleged that he performed Talb-e-Muwthibat soon thereafter---In that regard, petitioner No. 2 deposed that on 12.07.2011, he after performing Asar prayer in his Masjid at 06.30 p.m., straightaway went to his baitak---In those days, Asar prayer timing was 6.30p.m.---Said petitioner took 4 or 5 minutes in performance of prayer and took 05 minutes on the way to his baitak from the Masjid---Said petitioner after shaking hands with the guests, went to his house for bringing tea---Other witness deposed that on the day of Talb-e-Muwathibat, he performed Asar prayer in his house at 06.00 p.m. as in those days Asar prayer time in the Masjid was 05.45 p.m. and when he reached the baitak at 06.15 p.m., three persons including two petitioners were present there and none else was there until they left the baitak---Informer deposed that he got knowledge of the pre-emption sale from Mr. "A"---Said witness performed Asar prayer in the Masjid at 06.00 p.m. and then went to the baitak of petitioners---Distance in between the Masjid and baitak was 20 minutes---Informer after shaking hands with the inmates of the baitak drank water and then informed them of the pre-emption sale---Said contradictions and discrepancies suggested that the petitioners could not substantiate their case with regard to the performance of Talb-e-Muwathibat through firm, reliable, cohesive, and trustworthy evidence--Appeal was dismissed, in circumstances.(b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987)-------S. 13(3)---Suit for possession through pre-emption---Talb-i-Ishhad---Notice not sent under…