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

Section: 6,13

North-West Frontier Province Pre-emption Act (X of 1987)--- ----Ss. 6 & 13---Suit for pre-emption---Making of Talbs---Trial Court and Appellate Court below had concurrently dismissed suit---Plaintiff had asserted that he had made Talb-i-Muwathibat in the presence of witnesses, but witnesses examined by him did not fully support his case---Statements of witnesses though were recorded after lapse of 8 years, but contradictions in the statements of said witnesses, could not be termed as minor contradictions-Such contradictions were major which clearly proved that witnesses of Talb-i-Muwathibat were not truthful and they were avoiding to make correct/true statement about persons who were present at the time of making of Talb-i-Muwathibat---Party producing a witness was bound by his statement---Talb-i-Muwathibat, was to be proved through oral evidence and no number of witnesses was required by law to prove said Talb---Proof of Talb-i-Muwathibat was not merely a technicality, but in fact the very right of pre-emption was not activated, unless Talb-i-Muwathibat was performed in accordance with law---Plaintiff having failed to prove making of Talbs in accordance with law, courts below had rightly dismissed suit after properly appreciating evidence on record and applying law applicable to the case---In absence of any misreading or non-reading of evidence or illegality or any material irregularity or any jurisdictional error or defect in the concurrent findings of the courts of competent jurisdiction, revision was dismissed. Abdul Qayyum v. Mushk-e-Alam and others 2001 SCMR 798; Mst. Gohar Sultan v. Gul Waris Khan PLD 2003 Pesh. 189 and Muhammad Khan v. Bashir Ahmad PLD 2003 Pesh. 179 rel. JUDGMENT TALAAT QAYUM QURESHI, J.---The petitioner/plaintiff filed a suit for possession through pre-emption of land measuring 2 Kanals 1 Marla comprising Khasra No.1633 situated at village Kotkay, District Mansehra against the respondents/defendants in the Court of learned Civil Judge, Mansehra. The learned trial Court after framing issues, recording pro and contra evidence of the parties dismissed the suit vide judgment and decree dated 24-6-2003. 2. Being not satisfied with the…

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