Case Details

Citation(s)
2000 SLG 1951 2000 SLD 1951 2000 CLC 1127
Peshawar High Court
Civil Revision No. 86 of 1999, decision dated: 9-12-1999
JAWAID NAWAZ KHAN GANDAPUR, J
Haji Saadullah Khan Miankhel for Petitioner

KARIM KHAN.

VS

ALLAH DAD KHAN and another

Law:

Section:

(a) North-West Frontier Province Pre-emption Act (X of 1987)---.i ----S. 13---Pre-emption suit--- "Talb-i-Muwathibat"---Meaning and scope--- "Talb-i-Muwathibat" is a demand made immediately after acquiring knowledge of sale ---Pre-emptor has to declare his intention to exercise his right of pre-emption in the sitting or meeting (Majlis) in which he comes to know about the sale transaction. (b) North-West Frontier Province Pre-eruption Act (X of 1987)-- ----S. 13---Pre-emption suit ---Talb-i-Muwathibat, making of---Delay in such Talb---Concurrent findings of Courts below ---Pre-emptor did not make such demand in the meeting where he came to know about the sale of the suit property, rather he went to Patwari Halqa to inquire about the sale and there the pre-emptor made such demand---Validity---Where the pre-emptor did not make any declaration regarding his intention to pre-empt .the suit transaction in the presence of the person who first of all informed the pre-emptor about the sale, pre-emptor had lost his-right of pre-emption by delaying such pronouncement of his intention to pre-empt the transaction---Delay caused in making the requisite Talb-i-Muwathibat invalidated the right of pre-emption­-Both the Courts below committed no illegality or irregularity nor the evidence was misread or non-read---High Court in exercise of revisional jurisdiction refused to interfere in such order of both the Courts below--­ Revision was dismissed in. limine. ORDER The only question that falls for determination, in this civil revision petition, is as to whether the petitioner/plaintiff had made "Talb-i­Muwathibat" strictly in accordance with the provisions of section 13 of the North-West Frontier Province Pre-emption Act, 1987. 2. The two Courts below have already come to a concurrent finding of fact that the appellant-plaintiff had not made "Talb-i-Muwathibat" in accordance with the provisions of section 13 of the Act. ,3. A.perusal of the plaintiff's (Karim Khan) statement, copy appended with this petitioner, would show that he came to know about the sale in question through Shah Jehan Araen, that thereafter he went to…
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