Citation Name: 2024 YLR 1442 PESHAWAR-HIGH-COURTBookmark this Case FAQIR vs KHAN ZADA S

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Citation Name: 2024 YLR 1442 PESHAWAR-HIGH-COURTBookmark this Case FAQIR VS KHAN ZADA S. 13(3)---Suit for possession through pre-emption---Talb-i-Ishhad---Notice not sent under registered cover acknowledg-ment due to vendee---Suit filed by plaintiff for possession of suit land through pre-emption being contiguous owners in possession to the suit property was dismissed---Plaintiff filed an appeal but it was met with the same fate---Validity---Respondents had clearly denied the performance of Talb-e-Ishhad, whereas, it was the duty of petitioners to establish the factum of Talb-e-Ishhad through reliable and trust worthy evidence but the petitioners/pre-emptors failed to do so as no notice was received by the respondents/vendee---General law of "service by post" was not applicable in respect of pre-emption as the same was attended to by the specific law on the subject, i.e., S. 13(3) of the Khyber Pakhtunkhwa Pre-emption Act, 1987, ('Act, 1987') which 'stipulated registered cover acknowledgment due' and not just dispatched by registered post---Vendee/respondent had denied receipt of the notice of Talb-e-Ishhad---Postman produced receipts of registries regarding the dispatch of notice of Talb-e-Ishhad but during his cross-examination, he showed ignorance as to whether the referred registries had been received by the respondent or not---No proof was on record that the notices of Talb-e-Ishhad had been served upon the vendees/ respondents in accordance with law, as the pre-emption was attended to by its own law, which provided the manner for sending notices---General law as contained in S. 26 of the General Clauses Act, 1956, would not be applicable---Section 13(3) of the Act, 1987, stipulated "under registered cover acknowledgment due, whereas, the words "acknowledgment due" were not mentioned in S. 26 of the General Clauses Act, 1956, applicable to the Province of Khyber Pakhtunkhwa--- Even, the petitioners/pre-emptors had not exhibited the alleged notices of Talb-e-Ishhad in their evidence and only attached its photocopy which could not be legally considered, whereas, the statements of alleged witnesses of Talb-e-Ishhad notices were contradictory, and not believable---Appeal was dismissed, in circumstances.

Citation Name: 2024 YLR 1442 PESHAWAR-HIGH-COURTBookmark this Case FAQIR vs KHAN ZADA S — 2024 YLR 1442 PESHAWAR-HIGH-COURT

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