Law:

Section:

(a) North-West Frontier Province Pre-emption Act (IX of 1987)--S.13---Question of Talabs is the basic and fundamental issue in every pre-emption case but depending upon the facts and circumstances of each case, it is essentially a question of fact whether or nor the requisite Talabs were made by the plaintiff and all the conditions regarding thereto were satisfied--­Defendant/vendee thus has the choice in such a matter to raise or to give up the plea regarding Talabs which otherwise could be raised without any hindrance subject again to the availability of such a plea on merits---Where petitioner had given up the contest on the basis of the points regarding Talabs, and the High Court had proceeded on the said assumption, it could not be said that the rendered as a result of the giving up the plea regarding Talabs, suffered from any infirmity---If a party gives up a plea regarding facts of the case, it was not the duty of Court to examine the same. (b) Practice and procedure--- ---- If a party gives up a plea regarding facts of the case, it is .not the duty of the Court to examine the same. (c) Practice and procedure--- ---- When a party gives up a point, particularly which relates to facts and circumstances of the case which are best known to the parties themselves, it is always possible to assume that such conduct of the parties might have been influenced by a realization about the actual realities, rather than what is stated in the formal pleadings. ORDER MUHAMMAD AFZAL ZULLAH, CJ. ---The defendants/vendees; side in a pre-emption matter has through this leave to appeal petition called in question the dismissal by the High Court of their Civil Revision. Learned counsel for the petitioners in the very outset stated that this being a case under the 1987 Pre-emption Act, it was necessary for the plaintiff/respondent to satisfy the conditions regarding Talabs and the safe not having been satisfied, the suit filed against the petitioners' side was liable to be dismissed. The learned counsel categorically stated that the other points including the ground regarding the respondent's right to seek pre-emption on the qualification of contiguity are not being raised now.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492