| Citation(s) |
|---|
| 2002 SLG 1127 2002 SLD 1127 2002 SCMR 219 |
Supreme Court of Pakistan
Civil Appeal No. 252 of 1999, decision dated: 31st May, 2001. (On appeal from the order dated 14-12-1998 passed by the Peshawar High Court, Circuit Bench, D.I. Khan, in Civil Revision No.85 of 1995)
IFTIKHAR MUHAMMAD CHAUDHRY, QAZI MUHAMMAD FAROOQ AND HAMID ALI MIRZA, JJ
Abdul Aziz Kundi, Advocate-on-Record for Appellant.Qazi Muhammad Anwar, Senior Advocate Supreme Court and Muhammad Zahoor Qureshi, Advocate-on-Record (absent) for
Respondent.
Civil Appeal No. 252 of 1999, decision dated: 31st May, 2001. (On appeal from the order dated 14-12-1998 passed by the Peshawar High Court, Circuit Bench, D.I. Khan, in Civil Revision No.85 of 1995)
IFTIKHAR MUHAMMAD CHAUDHRY, QAZI MUHAMMAD FAROOQ AND HAMID ALI MIRZA, JJ
Abdul Aziz Kundi, Advocate-on-Record for Appellant.Qazi Muhammad Anwar, Senior Advocate Supreme Court and Muhammad Zahoor Qureshi, Advocate-on-Record (absent) for
Respondent.
Dr. MUHAMMAD AYUB KHAN
VS
Haji NOOR MUHAMMAD
Law:
Section:
(a) North-West Frontier Province Pre-emption Act (X of 1987)---S. 13---Constitution of Pakistan (1973), Art. l85(3)---Leave to appeal was granted by Supreme Court to consider; whether the High Court was not justified to have set aside the of Lower Appellate Court in its revisional jurisdiction inasmuch as the pre-emptor had failed to make Talb-e-Muwathibat in accordance with S.13(1) of North-West Frontier Province Pre-emption Act, 1987 and had also omitted to mention the making of such Talb in the notice sent by him to appellant. (b) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13(2)---Right of pre-emption, exercise of ---Talb-i-Ishhad---Object and scope---After having performed Talb-i-Muwathibat, the pre-emptor is required to confirm his intention to pre-empt the property during process of making Talb-i-Ishhad by sending a written notice to the vendee in obedience of S.13(2) of North-West Frontier Province Pre emption Act, 1987. 1995 SCMR 1510; 1998 SCMR 2227 and 1999 SCMR 2167 ref. (c) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13(2) & (3)---Notice of Talb-i-Ishhad---Format---No format has been prescribed to issue the notice, as per requirement of S.13(2) & (3) of NorthWest Frontier Province Pre-emption Act, 1987, therefore, from language employed therein inference has to be drawn to gather the intention of the preemptor. (d) North-West Frontier Province Pre-emption Act (X of 1987)--- ----S. 13---Pre-emption suit---Requirement of mentioning Talb-i-Muwathibat in notice of Talb-i-Ishhad---Pre-emptor successfully established performance of both the Talbs by leading oral evidence---Trial Court decreed the suit and the findings of Trial Court were affirmed by High Court in exercise of revisional jurisdiction---Contention of the vendee was that the pre-emptor failed to make any reference of Talb-i-Muwathibat in the notice issued in fulfilment of Talb-i-Ishhad---Validity---Personally apprising to vendee by pre-emptor about his right of pre-emption in suit-land tantamounted to mentioning of Talb-i-Muwathibat and thus the fact that the pre-emptor was also approached through Jirga clearly spelt out his intention…
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