Law:

Section:

(a) North-West Frontier Province Pre-emption Act (X of 1987)-------Ss. 6, 12 & 13---Suit for pre-emption---Suit had been concurrently dismissed by the Trial Court and Appellate Court---Record had proved and parties had not denied that plaintiff as well as defendant were co-sharers in the suit property---Both parties, in circumstances had equal right of pre-emption with regard to suit transaction and suit property was to be equally divided between them---Talb-i-Muwathibat was made by plaintiff 11 days after attestation of mutation in respect of suit property and notices were sent one day after declaration of Talb-i-Muwathibat which had shown seriousness of plaintiff regarding his intention to pre-empt suit property---No other Majlis had been shown by defendant/ vendee in which plaintiff could be shown to have received information, but had made Talb-i-Muwathibat---Nothing was available on record to show that any notice was given to plaintiff by defendant/vendee in the light of S.12 of North-West Frontier Province Pre-emption Act, 1987---Defendant did not bring any evidence regarding sale consideration and market value of suit property otherwise than mentioned by Patwari Halqa---Sale consideration and market value of property in question was determined accordingly---Fact of sending Talb-i-Ishhad had sufficiently been proved by plaintiff---Impugned s and decrees of two Courts below were set aside and decree as prayed for, was granted in favour of plaintiff against defendant to the extent of half of suit property in each of three cases on payment of half of sale consideration within specified period, accordingly. (b) Administration of justice--- ----Court must not, always take adverse inference of something as it was discretionary/empowering for it to take such inference and such a Court may or may not take such adverse inference, keeping in view circumstances of each case independently. Fida Muhammad Khan for Petitioner. Tahir Faraz Abbasi for Respondent. Date of hearing: 29th May, 2006. JUDGMENT SALIM KHAN, J.---This judgment ,will dispose of Civil Revision No.36 of 2003, Civil Revision No.37 of 2003 and Civil Revision No.38 of 2003, each instituted by Syed…

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