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

Section: 13,13(3)

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

Section: 13,13(3)

North-West Frontier Province Pre-emption Act (X of 1987)-------Ss. 6 & 13---Suit for pre-emption---Making of Talbs---Suit for pre-emption was concurrently decreed by the Courts below---Validity---Defendant had admitted that plaintiff had superior right of pre-emption--Statement of Patwari Halqa regarding market value of suit-land on basis of average of sale consideration, was sufficient evidence according to which market value of the suit property was Rs.1,11,805.52---Defendant did not produce any other reliable evidence regarding any other amount---Counsel for defendant had contended that suit property was purchased by him for construction of Mosque, but said contention had not been proved by any cogent evidence---Date, time and name of informer was mentioned in the notice of Talb-e-Muwathibat as well, though it was not necessary to give other details of Talb-e-Muwathibat, except its declaration on a certain day or date from which period upto sending of notice could be counted---Notice in question was proved to have been sent by the counsel for the plaintiff who was his duly authorized agent and it was not necessary that plaintiff must personally send the notice---Concurrent s and decrees were maintained in circumstances. H. Subhanullah for Petitioner. Nemo for Respondent. Date of hearing: 18th August, 2006. JUDGMENT SALIM KHAN, J.---The learned counsel for the petitioner referred to the plaint of Sikandar Shah whereby Sikandar Shah pre-empted 1 Kanal. 8 Manias land in Khasra No.462 (the disputed land) sold vide Mutation No.2322 attested on 26-1-2002. It was mentioned in paragraph 2 of the plaint that on 28-1-2002, which was Monday, at about 1 p.m., Tahir Mansoor son of Ghulam Muhiyyud Din informed the plaintiff at his shop regarding the sale in question and the plaintiff declared his intention to pre-empt the suit property. 2. The evidence of the parties was recorded and, ultimately, the suit of the plaintiff was decreed in his favour against the present petitioner on the payment of Rs.1,11,805.52 as the pre-emption amount. The appeal of the present petitioner was also dismissed. Hence the present civil revision along with C.M. No.907 of 2006 for…

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