Law: Punjab Pre-emption Act, 1991

Section: 13

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Talb-i-Muwathibat---Performance of---Date, time and venue---Effect---Pre-emptor had to mention the date, time and the venue of making Talbs in the plaint---Law of pre-emption was a special law and the Talbs in terms of S.13 should be proved without any slightest doubt. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Talb-i-Muwathibat---Performance of---Effect---Plaintiff had stated that when she came to know, it was 12 noon and she went to the advocate's office on 13th---If such statement was read with contents of paragraph of the plaint, she had fulfilled the requirements of Talb-i-Muwathibat. Muhammad Ramzan v. Lal Khan 1995 SCMR 1510; Aamir Shah v. Ziarat Gul 1998 SCMR 593; Malik Muhammad Akram v. Khuda Bakhsh 2000 CLC 79; Muhammad Jamil v. Muhammad Sharif 1985 CLC 2353 and Faqir Muhammad and others v. Abdul Moman and others PLD 2003 SC 594 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD KHALID MEHMOOD KHAN, J.--- This civil revision has been preferred against judgment and decree dated 29-8-2002 passed by the learned appellate Court. 2. Briefly stated the facts of the case are that respondent a minor filed a suit for pre-emption through her real mother namely Riaz Bibi against the petitioners. Through the suit the respondent pre-empted the transaction of sale dated 27-6-96 Mutation No.1840 Irshad Bibi etc. were the owner of property, they sold the said land to petitioner against consideration of Rs.5,15,000. The respondent pre-empted the sale on the ground of Sharik Khata, Shafi Sharik, Shafi Khalit and Shafi Jar. The defendants petitioners filed the written statement and the learned trial Court framed the following issues:-- "ISSUES. (1) Whether the plaintiff has got superior right of pre-emption qua the defendant? OPP (2) Whether the ostensible sale price of Rs.15,000 was fixed in good faith or actually paid? OPD (3) If issue No.2 is not proved what was market value of suit land at the time of sale? OPPs (4) Whether plaintiff' validly performed necessary talabs in exercise of right of pre-emption? OPP (5) Whether defendant is entitled to receive any special costs from the plaintiff, if so, how much?…

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