Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)---S. 13(1)---Pre-emption suit---Talb-i-Muwathibat, performance of---Proof---Plea in plaint was that pre-emptor came to know at his house about sale through "S" on 28-3-2002 at 9/10 a.m.---Pre-emptor's statement that he came to know at his Baithak about the sale through "S" without specifying its time and person, who was sitting with him---Statement of informer "S" that he informed pre-emptor about sale without specifying date, time and place where he informed pre-emptor; and that he came to know about the sale from Patwari---Validity---Requirement of S.13(1) of Punjab Pre-emption Act, 1991 was that jumping demand must be made in presence of a group of persons and not a single person, as single person would not constitute a sitting, meeting or Majlis---Such evidence and plaint would show that no one was present with pre-emptor, rather he was alone when he was informed about sale---Evidence on record showed that pre-emptor, informer and vendor were real brothers inter se, thus, pre-emptor and informer could not be believed not to have knowledge about suit sale---Pre-emptor had failed to prove requirement of S 13(1) of Punjab Pre-emption Act, 1991---Suit was dismissed in circumstances. Exford English Dictionary; Chamber 21st Century Dictionary; Black Law Dictionary 18th Edn.; Feroze-ul-Lughat Published by Feroz Sons Limted; Abdul Kareem v. Mst. Jannat Bibi 2005 SCMR 1228; Qaisar Mansoor Malik v. Mst. Jhando through Legal Heirs and 13 others 2004 YLR 537; Abdul Karim Khan v. Asif Ali Khan and others PLD 2001 SC 137 and Mian Pir Muhammad and others v. Faqir Muhammad through LRs and others PLD 2007 SC 302 rel. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13(1), Expln. I---Words "sitting", "meeting" and "Majlis" used in S. 13(1), Expln. I of Punjab Pre-emption Act, 1991---Connotation---Such words would mean a group of persons and not a single person---Jumping demand by pre-emptor must be made before a group of persons and not a single person and at least before two persons before whom information about sale was given by informer --- Reasons stated. Exford English Dictionary; Chamber 21st Century Dictionary; Black Law…

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