SHER AYAZ KHAN alias SHERAZ KHANA vs GUL NAJEEB KHAN S — 2025 SCMR 380 SUPREME-COURT

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SHER AYAZ KHAN alias SHERAZ KHANA VS GUL NAJEEB KHAN S. 13---Right of pre-emption---Talb-i-Muwathibat---Delay in making such demand---Effect---Petitioner / vendee was aggrieved of judgment and decree passed by Lower Appellate Court as well as High Court whereby suit was decreed in favour of respondent / pre-emptor---Validity---Use of word immediate is significant and cannot be undermined---Delay of two hours in making demand of Talb-i-Muwathibat is not an immediate demand and such delay is fatal to a successful claim of pre-emption---Right of pre-emption is a unique and a fragile right---Unlike many other rights bestowed by law, exercise of right of pre-emption depends entirely on timely making of various demands set out in section 13 of Khyber Pakhtunkhwa Pre-emption Act, 1987---Making of Talb-i-Muwathibat, under section 13 of Khyber Pakhtunkhwa Pre-emption Act, 1987 is the foundation on which making of Talb-i-Ishhad and Talb-i-Khusumat is based---Timelines and conditions for making of Talb-i-Ishhad and Talb-i-Khusumat provided in sections 13(3) and 13(4) of Khyber Pakhtunkhwa Pre-emption Act, 1987 depend entirely upon making of Talb-i-Muwathibat---Date, time and place of making such demand is pivotal and foundational to the exercise of right of pre-emption, the importance of which cannot be over-looked---Person (postman) who allegedly served registered post A.D. upon deceased petitioner / vendee was not produced in witness box, when it was essential to bring him in the witness box, especially when receipt of the same was denied, so as to prove and determine the fact that he actually served registered post A.D. upon deceased petitioner / vendee---Service upon addressee was not proved by respondent / pre-emptor---Supreme Court set aside judgments and decrees passed by Lower Appellate Court and High Court and restored that of Trial Court whereby suit filed by respondent / pre-emptor was dismissed--- Appeal was allowed.

SHER AYAZ KHAN alias SHERAZ KHANA vs GUL NAJEEB KHAN S — 2025 SCMR 380 SUPREME-COURT

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