Law:

Section:

Ayub Khan, respondent herein, filed a suit in the Court of Civil Judge, Haripur against petitioner Kala Khan and obtained a decree for possession through pre‑emption of a certain agricultural land on 4‑3‑1989. An appeal taken by the vendee‑defendant before the Additional District Judge was dismissed on 4‑7‑1989. Hence this petition under section 115, C.P.C.   I have heard at length Syed Abdus Salam Sarwar, Advocate on behalf of Kala Khan petitioner and Mr. Saleh Mahmud Advocate for the plaintiff‑respondent. It is the finding of the learned two Courts below on Issue No.4 which has been assailed before me on behalf of the vendee‑defendant. It would tie as such appropriate to reproduce here the text of issue No.4 as settled between the parties during trial of the suit which is to the following effect:‑‑‑   "Whether notice issued to the defendant is not proper and in accordance with existing law of pre‑emption?"   On the enforcement of Act, X of 1987 the North‑West Frontier Province Pre‑emption Act, 1987 the right of pre‑emption of a person unless such person makes demands of pre‑emption in the manner provided under section 13 of the Act ibid is said to have extinguished. A person who intends to pre‑empt a sale transaction by enforcing his right of pre‑emption shall make an immediate demand in the sitting or meeting in which he has come to know of the sale declaring his intention to exercise the right of pre‑emption technically called "Talb‑i‑Muwathibat". He shall be thereafter required to make the demand of "Talb‑i‑Ishhad" by establishing evidence as soon as possible but not I later than two weeks from the date of notice under section 32 of the Act or knowledge whichever may be earlier, by sending a notice in writing attested by two truthful witnesses to the vendee under registered postal cover with acknowledgement‑due confirming his intention to exercise the right of pre -emption. In an area where due to the lack of postal facilities if it is not possible for a pre‑emptor to send a registered notice, he may make "Talb‑i‑Ishhad" in the‑ presence of two…