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

Section: 13(2),13(3)

Law: Qanun-e-Shahadat Order, 1984

Section: 98,129(g)

Summary This Supreme Court of Pakistan judgment, authored by Justice Shakeel Ahmad, dismisses a direct appeal against a Peshawar High Court decision that had set aside concurrent findings of lower courts in a pre-emption suit. The apex court upheld the High Court's reversal, emphasizing strict compliance with mandatory statutory requirements under the Khyber Pakhtunkhwa Pre-emption Act, 1987. Core Points The appellant-pre-emptor filed a suit for pre-emption over 106 Kanals of land, claiming superior rights as shafi sharik, shafi khalit, and shafi jar, and asserted due performance of requisite talabs (demands). Trial Court (2012) decreed the suit subject to deposit of balance sale consideration; Appellate Court (2016) maintained this; High Court (2018) reversed, dismissing the suit.  High Court identified three fatal defects: (1) failure to prove Talb-e-Muwathibat (immediate demand), (2) non-service of Talb-e-Ishhad notice on vendees, and (3) discrepancy regarding vendee parentage plus death of one vendee during proceedings.  Supreme Court held that Section 13 of the KP Pre-emption Act, 1987 is a special, mandatory regime that cannot be diluted by general postal presumptions under Section 26 of the KP General Clauses Act, 1956 or Article 98 of QSO, 1984.  Where vendee specifically denies receipt of Talb-e-Ishhad notice, pre-emptor must adduce affirmative proof—including acknowledgement due document and, if necessary, testimony of the concerned Postman.  The precedent Liaqat Ali (relied upon by appellant) was declared per incuriam in a 2026 review judgment arising from Mst. Kalsoom Begum, as it overlooked mandatory Section 13 requirements.  Appeal dismissed; impugned High Court judgment upheld as well-reasoned and legally correct.  Law and Sections Table Law / Statute Section / Provision Key Requirement / Principle Khyber Pakhtunkhwa (formerly NWFP) Pre-emption Act, 1987 Section 13(2) Talb-e-Muwathibat: immediate, unequivocal demand upon acquiring knowledge of sale; must be prompt and without delay.  Khyber Pakhtunkhwa Pre-emption Act, 1987 Section 13(3) Talb-e-Ishhad: written notice attested by two truthful witnesses,…