Law: Punjab Pre-emption Act, 1991

Section: 5,13

Punjab Pre-emption Act (IX of 1991)--- ----S.5---Sale or gift---Determination of the nature of transaction---Defence of defendant lady that suit land was gifted to her by her father was supported by lambardar concerned---No evidence was available on record that land was sold by father to daughter for consideration---No circumstances had been brought on record to disbelieve defendant lady as to why her father would not have gifted land to her---Courts below. is circumstances were correct in holding that actual transaction was that of bona fide gift from a father to his daughter---Making of a first talb in accordance with law was not made out---Plaint disclosed that plaintiff before filing application for obtaining copy of the mutation was fully aware that sale mutation had been attested---Copy of mutation was issued to plaintiff within a week and thereafter he performed Talb-i-Muwathibat that was against the law as codified in S.13 of Punjab Pre-emption Act, 1991. THIS ORDER PASSED BY: MAULVI ANWAUL HAQ, J.--- Mst. Kaneez Fatima, the deceased respondent (hereinafter, to be referred to as the respondent) acquired the suit-land, mentioned in the plaint, by means of a mutation of gift No.138 attested on 26-3-1999. On 22-5-1999 Khan Muhammad, the predecessor-in-interest of the petitioners (hereinafter to be referred to as the petitioner) filed a suit for possession of the said land by pre-emption. According to him, the land was, in fact, sold for Rs.16,000. He claimed to be a co-sharer as also a Shaft Khalit and Jar. Performance of talbs were pleaded. The respondent in her written statement pleaded that the donor, namely, Fattu is her father and has gifted the land to her. The other allegations were denied. Issues were framed. Evidence of the - parties was recorded. Vide judgment and decree, dated 9-3-2006 the learned trial Court dismissed the suit. The transaction was found, in fact, to be a gift by a father in favour of his daughter. It was also found that performance of talbs has not been proved. A first appeal filed by the petitioners was dismissed by a learned ADJ, Khushab, on 18-11-2006. 2. Learned counsel has…

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