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

Section: 3,6,14

North-West Frontier Province Pre-emption Act (I of 1987)--- ----Ss. 6, 13 & 14---Suit for pre-emption---Making of Talbs--- Trial Court decreed the suit, but Appellate Court reversed the and decree passed by the Trial Court---Validity---Appellate Court non-suited the plaintiff holding that Talb-i-Ishhad was performed by him through his son who though was constituted as a general attorney, but was not conferred with the power to create Talbs in accordance with law---Plaintiff; in circumstances, remained at loss in carrying out his obligation as required by the statute---Talb-i-Muwathibat as well as Talb-i-Ishhad provided foundation for a suit for pre-emption, in case those were not found to have been performed at all, the entire edifice raised thereon was found to collapse---Findings of Appellate Court to that extent were not exposed to exception---Performance of Talb-i-Muwathibat and Talb-i-Ishhad was a personal obligation of the plaintiff, while he could have done so through an agent under provisions of S.14 of North-West Frontier Province Pre-emption Act, 1987, albeit after properly and specifically constituting the latter in that respect---In the present case no such authorization was available in favour of attorney appointed by the plaintiff---Talb-i-Muwathibat, was not made immediately in a meeting or sitting in which he had come to know of the sale---Appellate Court had rightly non-suited the plaintiff, in circumstances. PLD 1993 Pesh. 131; 2004 MLD 650; 2004 CLC 359; PLJ 2003 Pesh. 324; 1995 CLC 1541-1572; 1996 CLC 161; PLD 1969 Kara 123; 2007 SCMR 1956 and 2005 CLC 325 ref. ORDER HAMID FAROOQ DURRANI, J.--- The petitioner herein, brought a suit with prayer of grant of decree for possession of the suit house upon exercise of his right of pre-emption. Learned trial Court was pleased to grant the requisite decree in favour of petitioner on 30-4-2004, however, it was reversed by learned Court of appeal on 3-5-2005. Consequently, the suit of petitioner stood dismissed. Aggrieved from the findings of the learned appellate Court the petitioner has preferred the instant revision petition under section 115 of Civil Procedure Code, 1908. 2. The facts emanating…

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