Requirements and mode

2014 MLD 141 PESHAWAR-HIGH-COURT Judicial Precedent

S. 13Talbs, performance ofRequirements and mode

Informer had vital role in pre-emption case who was bound to depose about date, time and place of performance of Talb-i-Muwathibat

Omission to mention time by the informer in his statement would be fatal to the case

Informer had failed to mention the time of disclosing information to the plaintiff in his statement

Place instead of 'baithak' 'ghar' had been mentioned in his statement but same could not be taken into consideration as "baithak" was part and parcel of the house

Plaintiff had given details of talbs in his plaint with regard to date, time and place of performance of Talb-i-Muwathibat and deposed in support of his plaint but informer had not supported his version

Assertion made by the plaintiff with regard to performance of Talb-e-Muwathibat not proved by the informer

Plaintiff was bound by the statement given by his witness and he could not be allowed to resile from the statement of informer

Party producing a witness was bound by his statement given in the court

Courts below were right in holding non-proof of Talb-i-Muwathibat on behalf of plaintiff due to deficiency in his evidence with regard to time of performance of Talb-i-Muwathibat

Notices of Talb-i-Ishhad were in typed form already prepared and kept by the petition-writer which were against the provisions of S. 13(3) of the Khyber Pakhtunkhwa Pre-emption Act, 1987

General statement had been typed leaving space for the names of parties, description of property and the names of witnesses which was against the mandate of law

After making Talb-i-Muwathibat plaintiff should make Talb-i-Ishhad by sending a notice in writing attested by two truthful witnesses within two weeks under registered cover for confirmation of his intention to exercise right of pre-emption

Already typed notice of Talb-i-Ishhad did not fall within the ambit of "notice" in writing nor did it fulfil the requirements of S.13(3) of the Khyber Pakhtunkhwa Pre-emption Act, 1987

Receipts for mailing of notices of Talb-i-Ishhad through registered envelopes acknowledge-due were not available on the file

Postman had not been produced in support of delivery of notices of Talb-i-Ishhad

Person entrusted with the delivery of notices of Talb-i-Ishhad had expired but no serious effort had been made by the plaintiff to prove that in fact delivery of notices of Talb-i-Ishhad was made in accordance with law

Revision was dismissed in circumstances.