2018 PLP 59 (CLCN)

This judgment primarily cites: ----S. 13--- Talbs performance of--- Requirements--- Performance of Talb-i-Muwathibat, Talb-i-Ishhad and then superior right of pre-emption for successful exercise of right of pre-emption was essential in respective chronological order---Any deficiency in performance thereof rendered the suit for pre-emption bailable to be outrightly dismissed. [Para. 10 of the judgment], ----S. 13---Talb-i-Ishhad, performance of---Requirements---Pre-emptor after performing Talb-i-Muwathibat was to affirm his intention not only in the pleadings but also had to prove such fact by producing evidence---Plaintiff while appearing in the witness box had not stated that he, in confirmation of intention to exercise his right of pre-emption, had sent notice of Talb-i-Ishhad, in circumstances---Talb-i-Ishhad, in circumstances, had not been proved in accordance with requirements of S. 13 of Khyber Pakhtunkhwa Pre-emption Act, 1987---Pre-emptor was bound to produce postman who allegedly delivered the registered envelop to the defendant---Plaintiff had not produced concerned postman in the present case---Pre-emptor had failed to prove delivery of notice of Talb-i-Ishhad in circumstances---No illegality or jurisdictional defect had been pointed out in the impugned findings recorded by the courts below, suit was rightly dismissed. [Paras. 6, 8, 10, 11 & 12 of the judgment], (c) Civil Procedure Code (V of 1908), (b) Khyber Pakhtunkhwa Pre-emption Act (X of 1987), ----S. 115---Revisional jurisdiction of High Court---Scope---Scope of revisional jurisdiction was limited---Concurrent findings of facts recorded by the Courts of competent jurisdiction could not be set aside unless same were patently illegal, without jurisdiction, based on conjectural presumption or erroneous assumption. [Para. 11 of the judgment], Muhammad Zahid v. Dr. Muhammad Ali PLD 2014 SC 488; Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105; Muhammad Rashid Ahmad v. Muhammad Saddique PLD 2002 SC 293 and Muhammad Idrees and others v. Muhammad Pervaiz and others 2010 SCMR 5 rel., (a) Khyber Pakhtunkhwa Pre-emption Act (X of 1987) as referenced in Pakistani case law index.

The case was heard and decided by the Peshawar (Bannu Bench) bench comprising: Abdul Shakoor, J.

Cite this legal precedent as: 2018 PLP 59 (CLCN) (TAJ MOHAMMAD — Petitioner Versus MUNIR KHAN and 7 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.