Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Right of pre.-emption---Scope---Such right extinguishes if demand of pre-emption under the provisions of Punjab Pre-emption Act, 1991, is not made. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Right of pre-emption, exercise of---Notice of Talb-i-Ishhad--Format---Non-mentioning of Talb-i-Muwathibat in notice for Talb-i-Ishhad---Effect---Pre-emptor made Talb-i-Muwathibat, issued notice signed by two witnesses through registered A.D and postal receipt was produced in evidence---Trial Court decreed the suit in favour of pre-emptor but Appellate Court allowed the appeal and dismissed the suit for the reason that in the said notice there was no mention of Talb-i- Muwathibat---Validity---Notice issued by pre-emptor was sufficient as per requirement of S.13 of Punjab Pre-emption Act, 1991, as no format was prescribed for issuing of such notice---Appellate Court non-suited the pre-emptor only on the ground of non-mention of Talb-i-Muwathibat while performing Talb-i-Ishhad---Finding of Appellate Court was erroneous both on law and facts---Pre-emptor had proved the performance of Talb-i-Ishhad and Talb-i-Muwathibat which by all means met the requirements of provisions of S.13 of Punjab Pre-emption Act, 1991---Judgment and decree passed by Appellate Court was set aside and that of Trial Court was upheld---Revision was allowed in circumstances. Haji Qadir Gul v. Moebar Khan and others 1998 SCMR 2102 distinguished. Muhammad Ramzan v. Lal Khan 1995 SCMR 1510; Muhammad Hassan and 2 others v. Shafi-ud-Din and 2 others PLD 1995 Quetta 29; Anwar Ali v. Shahnawaz and others PLD 1989 Kar. 246 and Muhammad Nasir Mehmood and others v. Rashida Bibi 2000 SCMR 1013 ref. Muhammad Gul v. Muhammad Afzal 1999 SCMR 724; Abdul Haq and others v. Shaukat Ali and 2 others 2003 SCMR 74; Dr. Muhammad Ayub Khan v. Haji Noor Muhammad 2002 SCMR 219; 1995 SCMR 1510; 1998 SCMR 227 and 1999 SCMR 2167 rel. ORDER SYED HAMID ALI SHAH, J.---Brief facts respondent No.2 was owner of agricultural land measuring 20 Kanals, 5 Marlas in Chak No.26/EB, Tehsil Arifwala, which he alienated to respondent No.1 through Mutation No.1 through Mutation…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492