Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)----Ss. 6 & 13--Suit for pre-emption---Making of Talbs--Plaintiff/pre­emptor had filed suit in respect of properties comprising in two Khasra numbers---Plaintiff had been proved to have superior right of pre-emption in respect of property comprising one Khasra No., whereas he did not have any right of pre-emption regarding property in other Khasra No.---Suit was filed by plaintiff within prescribed period and had made Talbs---Vendee could not prove estoppel against, or waiver of right by plaintiff/pre-emptor---Defendant/vendee had not been able to prove that there was a Majlis (Meeting) on relevant date in which pre-emptor was informed about the sale and that pre-emptor had failed to make Talb till disposal of meeting---Mere knowledge even if proved, without a Majlis, would not disentitle pre-emptor, if he failed to make Talb-e-Muwathibat on that knowledge---Not only the information to the pre-emptor about the sale, but also the existence of a Majlis, were conditions precedent for making Talb-e-Muwathibat---Talb-e-Muwathibat was an indication of intention of pre-emptor to pre-empt the sale from the time of his knowledge regarding the sale and such That declared such intention of plaintiff, otherwise his right of pre-emption would stand extinguished--Intention to continue with he right of pre-emption by plaintiff was further supported by making Talb-e-Ishhad---Value of property in question was also accepted--Suit of plaintiff was decreed to the extent of one Khasra No. in respect of which he had superior right of pre-emption, and had made Talbs, whereas in respect of other Khasra No., it was dismissed. Muhammad Waheed Anjum for Petitioner. S. Mastan Ali Zaidi for Respondent. Date of hearing: 8th December, 2005. JUDGMENT SALIM KHAN, J.--- A suit was instituted by Ghulam Yousuf son of Ghulam Rasool against a person, not related to the plaintiff, by the name of Ghulam Rasool son of Malka of District D.I. Khan. The suit was for 2 Kanals, 13 Marlas land out of 10 Kanals, 12 Marlas land in Khasra No.388 and for 5 Kanals, 10 Marlas land out of 55 Kanals land in Khasra No.364. The suit was contested by the…

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