Citation Name: 2023 YLR 999 PESHAWAR-HIGH-COURTBookmark this Case TAHIR MEHMOOD KHAN vs MUHAMMAD SALEEM Ss

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Citation Name: 2023 YLR 999 PESHAWAR-HIGH-COURTBookmark this Case TAHIR MEHMOOD KHAN VS MUHAMMAD SALEEM Ss.13 & 16---Civil Procedure Code (V of 1908), S.115---Possession through pre-emption---Talb---Proof---Waiver of right of pre-emption---Joint notice---Effect---Petitioner/plaintiff/pre-emptor failed to prove Talb-i-Muwathibatand Talb-i-Ishaad, therefore, suit and appeal were dismissed by Trial Court and Lower Appellate Court respectively---Validity---Petitioner/ plaintiff / pre-emptor was unable to prove Talb-i-Muwathibat within four corners of S. 13 of Khyber Pakhtunkhwa Pre-emption Act, 1987, who was required to prove that as soon as he got information of sale, there and then in the same sitting or Majlis, he announced that he would exercise right of pre-emption---Provision of S. 13 of Khyber Pakhtunkhwa Pre-emption Act, 1987 related to demands of Talab, which were pre-requisites to enforce right of pre-emption---Petitioner/plaintiff/ pre-emptor did not send original notices to respondents / defendants / vendees and after preparing one original notice three copies were prepared and were jointly sent to respondents/defendants/vendees at one address whereas all were residing at different places---Non-sending of original notices to each of respondents/ defendants / vendees, and sending photocopies on the same address amounted to non-performance of Talb-i-Ishhadand suit for pre-emption could alone be dismissed on such score---Neither petitioner / plaintiff / preemptor proved requirements of Talb-i-Muwathibat nor had issued notice of Talb-i-Ishhadin accordance with law---Petitioner / plaintiff / pre-emptor was already in knowledge of transfer of land on18-04-2009 and his assertion that he was informed about transfer of land through suit mutations on 13-08-2009 was fake and fabricated---Suit was hit by S. 16 of Khyber Pakhtunkhwa Pre-emption Act, 1987---High Court declined to interfere in concurrent judgments and decrees passed by two Courts below---Revision was dismissed circumstances.

Citation Name: 2023 YLR 999 PESHAWAR-HIGH-COURTBookmark this Case TAHIR MEHMOOD KHAN vs MUHAMMAD SALEEM Ss — 2023 YLR 999 PESHAWAR-HIGH-COURT

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