ZILLA MUHAMMAD vs KIFAYAT ALI S — 2022 SCMR 754 SUPREME-COURT

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ZILLA MUHAMMAD VS KIFAYAT ALI S. 13(2)---Suit for possession through pre-emption---Performance of Talb-i-muwathibat doubtful---According to the informant he acquired knowledge about the first two sales at 11:00 a.m. in the village and went to the district courts, located 70 miles away from the village, to inform the pre-emptor---In his evidence the informant mentioned that he informed the pre-emptor at 11:00 a.m., which meant he needed to travel at the speed of light to reach the district courts at the same time as getting information about the impugned sales---Moreover disclosure of all three sales through the same source and conveyance of information to the pre-emptor in the same bar room of the district courts presented a story that may not find a prudent buyer---Civil court had rightly dismissed the pre-emption suits---Appeals were allowed. Head NotesCase Description Citation Name: 2022 SCMR 754 SUPREME-COURTBookmark this Case ZILLA MUHAMMAD VS KIFAYAT ALI S. 31(c)--- Suit for possession through pre-emption--- Suit filed outside the mandated period of limitation---Sale was transacted by the vendee through a Court decree and he was judicially declared to be owner in possession of the suit land with effect from 12-5-1995 and, thus, the suit ought to have been filed by the pre-emptor within a period of 120 days therefrom as was mandated by clause (c) of S. 31 of the Khyber Pakhtunkhwa Preemption Act, 1987---Since the pre-emptor failed to file his suit within such mandated time period, he was rightly non-suited by the courts below for his failure to perform Talb-i-Khasumat within the prescribed period of time---Appeals were allowed. Head NotesCase Description

ZILLA MUHAMMAD vs KIFAYAT ALI S — 2022 SCMR 754 SUPREME-COURT

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