Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)-------S.13---Suit for pre-emption decreed by two Courts below ---Validity---Non­performance of Talabs was the main ground relied upon by defendant---Question of Talabs, being question of faci was required to be proved by evidence and not by presumption---No evidence was available on record that plaintiff had made Talb-i-Muwathibat in same Majlis in which he had learnt about transaction of sale from two witnesses---While recording his statement in Court plaintiff did not utter any word about Talb-i-Muwathibat and statement of his solitary witness was also silent on that point---Suit was liable to be dismissed on that ground alone---Judgments and decrees of Courts in favour of plaintiff being result of misreading of evidence were not maintainable---Plaintiff's suit was dismissed accordingly. Zafar Ali v. Zainul Abidin and another 1992 SCMR 1886 and Ghulam Jilani v. Ghulam Muhammad 1991 SCMR 2001 rel. JUDGMENT The petitioner Ali Anjam was defendant in the pre-emption suit brought >iy the respondent Sar Anjam and this petition in revision filed by him is directed against the judgment and decree dated 4-7-1991 of the learned Additional District Judge, Bannu which affirmed in appeal the judgment and decree dated 9-4-1991 of the learned Senior Civil Judge, Bannu whereby the respondent's suit for possession of certain land, situate in village Gandali, District Bannu, through pre-emption was decreed. 2. The facts of the case are short and simple. On I1-12-1990 a suit was filed by the respondent Sar Anjam for possession through pre-emption 'of a piece of land measuring two Kanals which was purchased by the petitioner vide Mutation No.5364 dated 19-2-1990. The suit was resisted by the petitioner as a result of which the following, issues were framed:-- (1) Whether the plaintiff has got a cause of action? (2) Whether the plaintiff lacks superior right of pre-emption as defendant is also co-sharer, contiguous owner and participator in immunities and appendages? (3) Whether the plaintiff has waived his right of pre-emption? (4) Whether the suit is against law, contrary to Islamic Injunction and liable ' to be…

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