Law:

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Punjab Pre-emption Act, 1991 (IX of 1991)-- ----S. 13--Constitution of Pakistan, 1973, Art. 185(3)--Leave to appeal, granted--Requirement of Talb-i-Muwathibat--Assailed--Talb-i-Ishhad--Out of two witnesses of Talb-i-Ishhad, only one witness is examined which stands established that such talabs had not been performed in accordance with law--Held: Neither time nor particulars such as date, and place have been specifically mentioned by plaintiff in plaint claiming right of pre-emption on the basis of being co-sharer in property--Appeal dismissed. Judgment Abdul Hameed Dogar, J.--This appeal with leave of the Court is directed against the judgment dated 29.2.2000 passed by learned Judge in Chambers of the Lahore High Court, Lahore, whereby R.F.A. No. 114 of 1998 filed by appellant was dismissed. 2. Briefly, stated, facts giving rise to the filing of instant appeal are that on 10.2.1990 appellant filed a suit for pre-emption on the grounds of being shafi-i-sharik, shaki-khalit and shafi-i-jar regarding land measuring 41 kanals 2 marlas situated in Chak No.260/RB and the land measuring 43 kanals 15 marlas situated in Chak No. 262/RB (both Chak in Tehsil and District Faisalabad) sold by his brother Din Muhammad to respondent Muhammad Bashir against a consideration of Rs. 250,000/-. The respondent in order to defeat the right of pre-emption shown it as an exchange. Appellant went to respondents and his brother Din Muhammad without loss of time and declared his intention to purchase the property and made jumping demand i.e. Talb-i-muwathibat but respondent declined. Whereafter appellant took PWs Taj Din and Muhammad Sharif and approached respondent again and asked him that he had earlier declared his intention to assert his right of pre-emption and made talab-i-mowasibat and now he affirms earlier intention and makes talab-i-ishhad in presence of abovementioned witnesses and offered sale price but he refused to do so. Respondent in his written statement raised preliminary objection and while controverting the assertions of the appellant stated that he obtained the suit property in exchange as such is not pre-emptable. The trial Court framed as many as 7 issues and after…

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