FAQIR SHAH vs Mst — 2021 YLR 803 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 803 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: FAQIR SHAH vs Mst
Subject matter: Civil
Provisions referred to: S. 13; Khyber Pakhtunkhwa Pre-emption Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FAQIR SHAH VS Mst. BAKHT BIBI (Widow) S. 13(3)---Suit for pre-emption---Talb-e-Ishhad---Separate notice to each vendee (defendant) not sent---Postman not produced as witness---Effect---Petitioners/plaintiffs challenged registered deed whereby two vendees(defendants) had purchased the property, but they had not sent separate notices, through registered post with Acknowledgment-Due (AD) cards, as required in terms of S.13(3) of Khyber Pakhtunkhwa Pre-emption Act, 1987---One of the respondents had categorically denied receiving any notice in the written-statement whereas one of witnesses of the petitioners had admitted the said fact in the cross-examination---When receipt of notices was denied by the defendant then production of postman as petitioners' witness was sine qua non---Sending notice through registered post without Acknowledgment Due (AD) could not be construed to have met the requirement of S.13(3) of Khyber Pakhtunkhwa Pre-emption Act, 1987---Revision petition was dismissed.

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