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

Section: 31(b),4,13

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

(a) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 31(b)---Pre-emption suit---Sale effected through mutation---Limitation starting point---Period of limitation would start from the date of attestation of mutation and not from date, when vendee entered into possession of property. Nazu Khan v. Karam Hussain Khan through Legal Heirs 2000 SCMR 1053; Tajul Mulk v. Mst. Zaitoon Bibi ad 3 others PLD 1994 SC 356; Mst. Majida Khaum v. District Judge, Vehari 1984 CLC 3270 ad Abdul Akbar v. Fazal Mahmood ad 2 others 1990 MLD 1019 fol. (b) North-West Frontier Province Pre-emption Act (X of 1987)------ ---S. 4---Qaun-e-Shahadat (10 of 1984), Art. 129(g)----Pre-emption suit---- Sale transaction was alleged by vendee-defendant to be gift---Suit was decreed by Trial Court ad upheld by Appellate Court---Validity---Defendant had not produced alleged donor (vendor) to prove that transaction was gift and not sale---Alleged donor was alive ad very much present, but such strong piece of evidence had been withheld by defendant for reasons best known to him---Article 129(g) of Qanun-e-Shahadat, 1984 provided that legal presumption would be that in case alleged donor had been produced, his deposition must have been against defendant---No relationship between alleged donor ad defendant existed, on the basis of which suit property could be gifted to defendant---No-misreading or non-reading of evidence or ay material irregularity or illegality or jurisdictional defect/error was found in impugned /decree warranting interference---High Court dismissed revision petition. Muhammad Mal Khan v. Allah Yar Khan 2002 SCMR 235 rel. (c) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13---Talb-i-Muwathibat---Proof---Minor contradictions with regard to such Talb, specially when statement of witnesses were recorded after long time, would be ignored. Abdul Qayyum through Legal Heirs v. Mushk-e-Alam and another 2001 SCMR 798 rel. JUDGMENT Gul Waris Khan, Plaintiff/respondent filed suit for possession through pre-emption of land mentioned in the heading of the plaint against the petitioner/defendant in the Court of learned Senior Civil Judge, Karak. The said suit…

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