Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)---S. 13---Constitution of Pakistan (1973), Art. 185 (3)---Right of pre-emption, exercise of---Non-mentioning of time, date and place of Talb-i-Muwathibat in plaint---Effect---Suit filed by pre-emptor was concurrently dismissed by the courts below---Plea raised by pre-emptors was that when the suit was dismissed, there was no interpretation of S.13 of North-West Frontier Province Pre-emption Act, 1987 by the superior courts, whereby mentioning of time, date and place of Talb-i-Muwathibat in plaint was declared mandatory---Validity---Material on record had established that in plaint pre-emptors had not mentioned date, time, and place of performance of Talb-i-Muwathibat and it was also not disclosed as to when and how, pre-emptors got knowledge of sale transaction in question---Record had failed to establish that immediately after having knowledge, pre-emptors had made Talb-i-Muwathibat in accordance with the provisions of S.13 of North-West Frontier Province Pre-emption Act, 1987---No illegality or irregularity in the as well as in concurrent findings of fact recorded by the courts below warranting interference having been found, by Supreme Court, leave to appeal was refused. Mian Pir Muhammad and another v. Faqir Muhammad Through L.Rs. and others PLD 2007 SC 302 fol. JUDGMENT IJAZ-UL-HASSAN KHAN, J.--- Through instant petition, petitioners seek leave against judgment, dated 16-4-2007 passed by learned Peshawar High Court, Circuit Bench D.I. Khan dismissing in limine Civil Revision No.159 of 2006 filed by petitioners, upholding concurrent findings of fact recorded by the Courts below. 2. Facts relevant for disposal of this petition are, that by virtue of sale Mutation No.9724, attested on 28-3-1992, Mst. Anwari Begum sold suit-land in favour of respondents Muhammad Sultan and Muhammad Waseem for sale price of Rs.1,00,000. The petitioners instituted suit on 25-7-1992 in the Court of Senior. Civil Judge, D.I. Khan for possession through pre-emption of suit-land. The suit was resisted on all grounds, legal as well as factual. Relevant issues were framed and after recording evidence of the parties, learned…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492