Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Civil Procedure Code (V of 1908)

Section: 115

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

Section: 13

North-West Frontier Province Pre-emption Act (X of 1987)-------Ss. 6 & 13---Suit for pre-emption---Making of Talbs--Trial Court decreed the suit but Appellate Court reversed the /decree passed by the Trial Court, holding that plaintiff had failed to establish the performance of Talb-e-Muwathibat and that receipt of notice by the son of the defendant did not stand established---Case of the plaintiff was that he was informed by the informer about the sale in question in the presence of two witnesses produced by him---Validity---All the three witnesses had supported the stance of the plaintiff on every material aspect---Appellate Court should not have altogether ignored the consistent evidence of three witnesses thoroughly cross-examined by the other side, wherein nothing contradictory could be brought from them---Plaintiff had proved the making of Talb-e-Muwathibat through evidence which was consistent and confidence-inspiring---Notice in respect of Talb-e-Ishhad was prepared and sent to the defendant in accordance with law---Plaintiff/pre-emptor was not required to prove that same was received by the defendant---Finding of the Appellate Court on the relevant issue was not based on proper appreciation of evidence---Impugned and decree passed by the Appellate Court, were set aside and that of the Trial Court, was restored. 2006 SCMR 4; 2008 MLD 307 and 2009 CLC 223 ref. Abdul Sattar Khan for Petitioner. Faqir Muhammad Khan and Aminul Haq for Respondents. Date of hearing: 14th September., 2009. JUDGMENT LIAQAT ALI SHAH, J.---Through this petition under section 115, C.P.C., the petitioner has challenged the legality of the judgment and decree dated 19-1-2009 of the learned Additional District Judge, Charsadda vide which the appeal of the respondent-defendant, against the judgment and decree of Civil Judge-VII, dated 10-7-2008, was allowed. It was held that the petitioner plaintiff had not proved the performance of Talb-e-Muwathibat and consequently the judgment/ decree of the learned trial Court was reversed. 2. Brief facts of the case are that Asif Rashid petitioner-plaintiff filed suit against the respondent-defendant exercising his superior right of…

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