Law: North West Frontier Province Preemption Act, (X of 1987)

Section: 13

North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13---Suit for pre-emption---Making of Talbs---Talb-i-Muwathibat and Talb-i-Ishhad---No details and names of witnesses were required to be given in the plaint---Neither notice of Talb-i-Muwathibat had been cogently proved nor there was any evidence with regard to Talb-i-Ishhad and no official from post office had been produced---Receipts must have been proved through some responsible official of the Post Office Department which was not done---Plaintiff having failed to make "Talbs" in accordance with the spirit of S.13 of North-West Frontier Province Pre-emption Act, 1987, Courts below had rightly dismissed the claim of plaintiff. JUDGMENT The instant civil revision has been filed by Muhammad Yousaf Khan against the judgment. and decree of the Civil Judge, Lakki Marwat dated 13-11-1998 as well as against the order of the District Judge, Lakki Marwat dated 5-5-1999 vide which his suit as well as the appeal have been dismissed by the two Courts below. 2. Brief facts of the case are that present petitioner Muhammad Yousaf son of Sher Daraz Khan of Wanda Shahabkhel, District Lakki Marwat, instituted a suit in the Court of Civil Judge Lakki Marwat, against Khan Sardar and five others for a decree of possession by pre-emption of land measuring 21 Kanals and 14 Marlas, mentioned in detail in the heading of the plaint, situated in Village Mashkana, Tehsil and District Lakki Mawart, at price of Rs.14,000 but inflated price has been entered in the mutation. It is further alleged in the plaint that Mst. Fatima etc. owners of the suit property sold the suit land to defendants Nos. l to 6 vide Mutation No.452, attested on 27-4-1994 at the price of Rs.14,000 but in order to defeat the pre-emptive rights of the plaintiff, an inflated amount was inserted in the same mutation; that on gaining knowledge of the sale, the plaintiff announced his intention to pre-empt the said sale there and then in the Majlis in front of the witnesses and separate registered notices of Talb-i-Ishhad were sent to the concerned parties; that the plaintiff has got superior right of pre-emption on the ground of Shafi Sharik, Shafi…

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