Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)--Ss.13 & 15---Constitution of Pakistan (1973), Art, 185(3)---Leave to appeal to Supreme Court was granted to consider whether the petitioner on the evidence on record fulfilled the requirements of Talab-i-Muwasibat and Talab-i-Ishhad so as to entitle him successfully pre-empt the sale and whether the petitioner's reply to the offer made by the respondent for purchasing the disputed land did not constitute the 'waiver' within the contemplation of S.15, N.-W.F.P. Pre­emption Act, 1987. Mian Yunus Shah, Senior Advocate Supreme Court instructed by Syed Safdar Hussain, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 6th June, 1997. ORDER MUHAMMAD BASHIR KHAN JEHANGIRI, J.---The petitioner is seeking leave to appeal against the judgment of a learned Judge of Peshawar High Court, Peshwar, whereby Civil Revision No.462 of 1994, filed by the petitioner against the two concurrent judgments of the Courts below was dismissed and the judgment and the decree non-suiting the petitioner in pre­emption suit was maintained. 2. The suit brought by Rehmat Shah for possession by pre-emption of land sold to Shamroz respondent having been dismissed on the grounds, firstly, that he had omitted to make the Talabs as required under section 13 of the N.-W.F.P. Pre-emption Act (X of 1987), and secondly, that he had waived his right of pre-emption before the sale was effected and an appeal having been dismissed by the learned District Judge, he filed civil revision in the High Court. 3. The Courts below have concurrently held that the petitioner had failed to make the requisite 'Talabs' strictly in accordance with law. The Courts below have also found that before purchasing the land, Shamroz had offered to the petitioner to buy the land to which he…

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