Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)------S.13---Suit for pre-emption ---Making of Talb-i-Muwathibat---Proof---Burden of proving that Talb-e-Muwathibat was made immediately after acquiring knowledge about the sale of suit land, rested entirly on plaintiff/pre-emptor but he had failed to discharge that burden---Plaintiff had failed even to mention in the body of his plaint the date and time when he came to know about suit transaction and the time/date on which Talb-i-Muwathibat was made by him--­Plaintiff also failed to mention about time/date when he made Talb-i-Muwathibat in his evidence produced in Trial Court---In absence of any evidence to show that Talb-i-Muwathibat was made by plaintiff in accordance with provisions of S.13, North-West Frontier Province Pre-emption Act, 1987, Trial Court and Appellate Court below had committed illegality in decreeing suit for pre-emption in favour of plaintiff/pre-emptor---Judgments/decrees of Courts below, were set aside in circumstances. Shah Hussain and others v. Khani Zaman PLD 1996 Pesh. 73 and Amir Jan and others v. Haji Ghulam Muhammad PLD 1997 SC 883 rel. JUDGMENT The facts of the present case, stated briefly, are that the suit property, fully detailed in the heading of the plaint, was purchased by the petitioner (defendant). The respondent (plaintiff) Mian Shahzed Gul and Ghulam Nabi, the rival pre-emptor, claiming to have superior pre-emptive right, pre-empted the transaction in question by filing separate pre-emption suits. 2. The suits were contested by the petitioner (defendant) who filed his written statements wherein various legal as well as factual objections were raised. 3. Both the suits were consolidated and the pleadings of the parties were reduced to the following issues: (1) Whether the plaintiff has got a cause of action? (2) Whether the plaintiff is estopped to sue? (3) Whether the plaintiff has complied with the requirements of Talbs? (4) Whether the rival pre-emptor has complied with the requirements of Talbs? (5) Whether the plaintiff and the rival pre-emptor have got superior right of pre-emption against the defendant/vendee and inter se? (6) Whether the amount of Rs.500…

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