Law:

Section:

(i) Punjab Pre-emption Act, 1991 (IX of 1991)-- ----S. 13--First talab--Knowledge of transaction--Pre-emptor had no knowledge of transaction before a particular date, need not to be proved by him but if the pleading is silent about the source of information, the pre-emptor may not be successful in proving the performance of the first talab in accordance with law and in present case--Held: Source of information was not disclosed in the plaint rather subsequently a witness was produced to prove the knowledge of plaintiff regarding sale on the date on which he claimed to have made announcement for filing the suit. [Pp. 148 & 149] A PLD 1982 SC 159. (ii) Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Concurrent findings--Mixed question of law and facts--Revisional jurisdiction--Interference in the concurrent findings on the controversial question of facts or mixed question of law and facts in revisional jurisdiction for mere reason that another view of evidence would also be possible is not proper. [P. 149] B (iii) Punjab Pre-emption Act, 1991 (IX of 1991)-- ----S. 13--Performance of Talabs--Prove of the facts through evidence--Without pleadings the basic facts, it is not possible to lead evidence on such facts and for exercise of right of pre-emption, performance of talabs is the basic fact and not merely a formality, therefore, the pre-emptor must specifically plead and prove the performance of talabs strictly in accordance with law to maintain the suit--Talab-i-Muwathibat is the foundation for exercise of right of pre-emption. [P. 149] C 2000 SCMR 329, PLD 1994 SC 1. (iv) Punjab Pre-emption Act, 1991 (IX of 1991)-- ----S. 2-A--Properties located in Urban Area--Subjectto pre-emption--Expression--Immovable property--Determination of--Expression "immovable property" used in S. 2(a) in general terms includes agriculture land situated within municipal limits or cantonment areas stand exempted from law of pre-emption under Punjab Pre-emption Act, 1991 whereas the agriculture land from very inception despite being located in the municipal or cantonment area may not be exempted from law of pre-emption as it after becoming part of town may not necessarily loose…

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