QAYUM NAWAZ vs GULAB KHAN Ss — 2025 SCMR 1015 SUPREME-COURT

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QAYUM NAWAZ VS GULAB KHAN Ss. 13(3), 15 & 19---Suit for possession through pre-emption---Talb-i-Ishhad---Notice not served under registered cover acknowledgment due---Mentioning of wrong mutation number--- Partial pre-emption---Effect---Concurrent findings of facts by all Courts below---Petitioner / pre-emptor was aggrieved of dismissal of his suit by all Courts below---Validity---Pre-emptor was required under Section 13(3) of Khyber Pakhtunkhwa Pre-emption Act, 1987, to make Talb-i-Ishhad soon after making of Talb-i-Muwathibat, not later than two weeks from the date of knowledge, by sending a notice in writing attested by two truthful witnesses under registered cover acknowledgement due to vendee, confirming his intention to exercise right of pre-emption---Merely sending a notice in writing without establishing that such notice had been duly served upon vendee under registered cover acknowledgment due did not meet the requirement of law---Notice issued by petitioner / pre-emptor to respondent / vendee did not contain correct number of mutation---High Court was justified to conclude that petitioner / pre-emptor did not perform Talb-i-Ishhad against respondent / co-vendee with regard to property purchased through mutation---It had become partial pre-emption and bar on such pre-emption case in terms of Section 19 of Khyber Pakhtunkhwa Pre-emption Act, 1987, was also attracted---Such omission by pre-emptor constituted waiver on the part of pre-emptor to pre-empt sale in view of Section 15 of Khyber Pakhtunkhwa Pre-emption Act, 1987---Supreme Court declined to interfere in judgments and decrees passed by the Courts below---Petition for leave to appeal was dismissed and leave to appeal was refused.

QAYUM NAWAZ vs GULAB KHAN Ss — 2025 SCMR 1015 SUPREME-COURT

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