Law:

Section:

(a) North-West Frontier Province Pre-emption Act (X of 1987)------S. 13---Civil Procedure Code (V of 1908), O. VI, R.2---Constitution of Pakistan (1973), Art.185(3)---Suit for pre-emption---Fulfilment of requirement of Talbs by plaintiffs---Specific issue was framed with regard to fulfilment of Talbs on which both parties led evidence---Trial Court decided such issue on appraisal of evidence in favour of plaintiff---Such finding was maintained by First Appellate Court and the High Court on re-appraisal of evidence---Question whether requirements of S.13 of the Act were fulfilled being pure question of fact, concurrent findings on appraisal of evidence by Court below including the High Court could not be disturbed merely on the ground that details of Talb-i- Muwathibat had not been stated in plaint---Requirement of law would be fully met if it was alleged in pleadings that after having come to know of sale, pre- emptor declared his intention to pre-empt such sale---Material fact must be proved at trial through evidence on issue framed in that regard---Evidence to be led need not be alleged in plaint---Plaintiff had alleged Talb-i-Muwathibat in his plaint, issue therein had been framed and evidence was led in proof thereof--- Pleadings however, should be liberally construed---Even if some fact was not stated with clarity and in detail in pleadings, Court was empowered to give finding on such issue in the light of evidence led---Courts below have concurrently given finding on question of fact that Talb-i-Muwathibat was made and provisions of S.13 of the Act had been complied with in letter and spirit---Such finding was sustainable in the light of evidence in absence of any material irregularity and illegality---Leave to appeal to Supreme Court was refused in circumstances. Shah Hussain and 9 others v. Khani Zaman PLD 1996 Pesh. 73 ref. (b) Civil Procedure Code (V of 1908)-- ----O. VI, R.1---Pleadings to be liberally construed.--[Interpretation of documents]. ORDER FAZAL ILAHI KHAN, J.--Sale of the suit land that is 20/518 out of land measuring 25 Kanals 18 Marlas detailed in the plaint sold in favour of the petitioners through Mutation No.201 attested on 21-2-1989…

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