Citation Name: 2024 YLR 2349 PESHAWAR-HIGH-COURTBookmark this Case Dawa Khan vs Muhammad Izhar Khan S

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Citation Name: 2024 YLR 2349 PESHAWAR-HIGH-COURTBookmark this Case Dawa Khan VS Muhammad Izhar Khan S.13---Suit for possession on the basis of pre-emption---Talb-i-Muwathibat---Scope---Person(s) who communicated the information regarding the sale transaction, evidence of---Scope and effect---Civil Court dismissed the suit, however, Appellate Court decreed the same on the basis that Talb-i-Ishhad and Talb-i-Khusumat were made in accordance with law---Validity---In order to get a favourable verdict of the Courts in preemption suits, the provision of S.13 of the Khyber Pakhtunkhwa Pre-emption Act, 1987, regarding the mandatory Talbs is utmost necessary without which, the suit for pre-emption cannot be decreed---Important aspect for the grant of decree is that the very initial Talb i.e. Talb-i-Muwathibat is to be proved through those persons who communicated the information regarding the sale transaction---Though the plaintiff/respondent adduced in his evidence, specifying date, day and time, that he was present in his Hujra along with his brother when the informer came there and stated that he had heard from some persons that defendants /petitioners had purchased the suit-property and accordingly, he expressed his intention to pre-empt the suit being its co-sharer etc.---However, in his examination-in-chief, the said informer stated that on relevant day , he came out of his Hujra and two persons, whom he knew by faces but did not know their names, were talking about purchasing of suit-property by the defendants / petitioners; from there, he came to the Hujra of plaintiff/ respondent and informed him(plaintiff) in presence of his brother---What actually is necessary to account for essential elements of Talb-i-Muwathibat are the time, date and place when the pre-emptor obtained the first information of the sale and the immediate declaration of intention by such information---Chain of source of information as to the fact of sale from the very first person who had direct knowledge or passed on the same to the person who lastly informed the pre-emptor, must be complete---It is mandatory to examine the person who either conveyed the sale information to the person who informed the pre-emptor or from the conversation in between those two persons who had learnt about the sale which was further communicated to the pre-emptor---In the present case, persons who had informed the informer about the sale transaction while talking about it had not been examined, as such, the essential elements of Talb-i-Muwathibat had not been fulfilled---Obviously, the statements of the plaintiff and the informer were silent with regard to naming those persons who at first instance had obtained the knowledge of the sale transaction, and such persons had not even been named nor examined---Thus, even if other mandatory Talbs i.e. Talb-i-Ishhad and Talb-i-Khusumat were made in accordance with law, the same would be of no useful purpose and the plaintiff/ respondent could be granted decree for pre-emption---Findings in the judgment of the Appellate Court could not be sustained---High Court set-aside impugned judgment passed by the Appellate Court---Resultantly, the suit of the plaintiff/ respondent stood dismissed ---Revision, filed by the defendant, was allowed accordingly.

Citation Name: 2024 YLR 2349 PESHAWAR-HIGH-COURTBookmark this Case Dawa Khan vs Muhammad Izhar Khan S — 2024 YLR 2349 PESHAWAR-HIGH-COURT

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