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

Section: 2(d),6,13

Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,118,129(g)

North-West Frontier Province Pre-emption Act (X of 1987)--- ----Ss.2(d), 6 & 13---Qanun-e-Shahadat (10 of 1984), Arts.117, 118 & 129(g)---Suit for pre-emption---Transaction whether sale or gift---Burden of proof---Suit for pre-emption filed by the plaintiff against defendant had concurrently been dismissed by the Trial Court and Appellate Court---Validity---Plaintiff alleged in the plaint that in fact defendant had purchased suit property for a sum of Rs. 8,000, but the transaction of sale had been given the colour of gift mutation in the impugned mutation---Claim of the defendant was that transaction in question was gift mutation and none of the legal heirs of donor of property had questioned the validity of gift mutation---Plaintiff had specifically alleged that owner of suit land sold the same to the defendant for a sale consideration and that plaintiff was informed by an informer regarding the sale transaction---Onus to prove said allegation was heavily on the plaintiff as required under Arts.117 & 118 of the Qanun-e-Shahadat, 1984 and not on defendant who was beneficiary of transaction of gift---Principle that beneficiary of gift had to prove the same could not be applied in the case--Plaintiff/pre-emptor had failed to discharge the burden of proof to establish through cogent and convincing evidence that the exchange of money had taken place and the transaction in question was sale and not gift---Both courts below while making proper appraisal of evidence, had rightly dismissed the suit of the plaintiff---Concurrent findings of both the courts below which neither suffered from misreading and non-reading of evidence nor any jurisdictional defect, could not be interfered with in exercise of revisional jurisdiction of High Court. 1987 SCMR 1277; 1996 CLC 902; 1994 SCMR 1836; AIR 1931 Oudh 425; PLD 2003 Pesh. 189; PLD 1988 Pesh. 126; 1998 SCMR 2124; 2004 CLC 1884; 2005 SCMR 1499; 2007 MLD 811; 1988 MLD 126 and 2004 CLC 1884 ref. THIS JUDGMENT DELIVERED BY: MIFTAH UD DIN KHAN, J.--- Petitioner Said Muhammad has lodged the present revision petition under section 115 CPC against the judgment and order dated 12-5-2005 of the learned Additional District…

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