Law:

Section:

Punjab Pre-emption Act, 1991 (IX of 1991)-- ----S. 13--Constitution of Pakistan, 1973, Art. 185(3)--Talab-e-Muathibat--Place, time and date of performance of talab-e-muatibath are required to be mentioned in the pleadings with the object of such observation in the that in order to determine the question of Limitation it is necessary to know exact date and time when talab-e-muatibath was performed and it is also necessary to perform talab-e-muatibath because according to law after performing talab-e-muatibath within 14 days notice of talab-e-ishhad has to be issued--Admittedly in the instant case no such details were mentioned in the pleadings, therefore following the law on the subject reported in different cases--Held: First Appellate Court rightly directed dismissal of suit filed by the respondent/petitioner--Appeal allowed. [P. 357] A PLD 2003 SC 315, 2005 SCMR 1231, 2005 SCMR 431; PLD 2006 SC 309 and CP No. 822/2006, followed. Order Iftikhar Muhammad Chaudhry, CJ.--This appeal has been filed against the judgment dated 8.10.2003 of the High Court whereby revision filed by the respondent against the judgment of the Additional District Judge dated 12.2.1998 has been accepted as a result whereof the judgment of Civil Judge, Attock dated 11.1.1997 has been restored as a consequence whereof their suit for pre-emption also stood restored. 2. It is an admitted fact that on 29th December, 1992 petitioner purchased agricultural land measuring 10-K situated in Mozah Baryal, District Attock against consideration of Rs. 4,10,000/- from Muhammad Akbar and Khushnood, s/o Noor Elahi. The respondents Mst. Zakia, Mst. Dilshad and Mst. Tahira Naz statedly performed Talb-e-Muatibath to enforce the right of their pre-emption through their attorney Malik Ajaib Khan and after seven days issued a notice dated 8.2.1993, having signatures of two persons namely Muhammad Iqbal and Sajid Mehmood. Thereafter, the suit was filed by them for possession through right of pre-emption on 28.3.1993. It was vehemently contested by vendor/appellant inter alia on the ground that Talb-e-Muatibath has not been proved. Similarly the admissibility or otherwise of notice, sent by them to perform…

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