Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)-------S. 31---Pre-emption suit---No date, time and place was mentioned in plaint as to when pre-emptor received information of sale---Names of persons who gave information of sale and in whose presence Talb-e-Muwathibat was made, were also not mentioned in plaint---Person in whose presence Talb-e-Muwathibat was made was not produced as witness---Notices were scribed in absence of witnesses and their signatures were obtained subsequently---Suit was not instituted in prescribed period---Plaintiff had the superior right of pre-emption as he was owner contiguous to suit land but suit having not been filed in time and Talbs having not been trade in time according to law, suit of plaintiff was rightly dismissed by District Judge, in circumstances. JUDGMENT The petitioner's suit for the possession of land through pre-emption, fully detailed in the heading of the plaint, was decreed in his favour by the trial Court (Mr. Khalil Khan Khalil, Senior Civil Judge, Tank) on payment of Rs.6,630 vide its judgment, dated 11-4-1994. 2. The respondents then challenged its validity before the District Judge. The District Judge, Tank (Mr. Abdul Sattar Khan), by his order, dated 2-11-1995, accepted the appeal and rejected the plaint on the ground that the suit of the petitioner was barred by time under section 31 of the N.-W.F.P. Pre­emption Act, 1987. 3. The petitioner assailed the findings of the District Judge before this Court in Revision Petition No.11 of 1996 (Sanaullah Khan v. Hassan Khan). The revision petition was accepted by an Honourable Judge of this Court i.e., his Lordship Mr. Justice Sardar Muhammad Raza, vide his Lordship's order, dated 18-11-1996. The case was remanded to the lower appellate Court with the directions to give its findings on all the points involved in the case including that of limitation as well as the superior pre-emptive right. The parties were directed to appear before the District Judge on 24-11-1996. 4. The learned counsel for the parties were accordingly heard by the District Judge (Mr. Muhammad Salim Khan Minakhel) who by his order, dated 25-11-1996 set aside the judgment and decree of…

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