Law:

Section:

Punjab Pre-emption Act, 1991 (IX of 1991)--- ----Ss. 13 & 5---Suit for possession through pre-emption---Making of tables---Talb-e-Muwathibat and Talb-e-Ishhad---Petitioner assailed orders of the courts below on the ground that he had successfully proved the making of the Talbs and the courts below had misread the evidence---Validity---Plaintiff had claimed making of Talb-e-Muwathibat in the plaint but had neither in the plaint, nor in the notice of Talb-e-Ishhad, specified the time when he received the information of sale of suit-land---Plaintiff did not specify the time or the name of the person who conveyed such information to him---Witness of plaintiff did not specify as to when, where or on which date and time, he informed the plaintiff of the transaction in question---Other witnesses of the plaintiff only stated that the plaintiff had declared himself as a co-sharer in the khata and did not state that the plaintiff asserted that he would exercise his right of pre-emption---Making of Talb-e-Muwathibat had not been proved by such witnesses---Plaintiff had contradicted his date of knowledge as alleged in the plaint, which he claimed to be on the 17-10-1997, whereas the sale took place on 14-10-1997--Plaintiff did not produce the postal receipts of sending the notice of Talb-e-Ishhad to the defendant, although he produced a receipt of acknowledgement---Concurrent findings of the courts below were in accordance with the law and the plaintiff had failed to prove the making of the Talbs in accordance with law---Revision was dismissed. JUDGMENT NASIR SAEED SHEIKH, J.---Muhammad Ehsan petitioner instituted a suit on 29-10-1997 for possession through exercise of right of pre-emption in respect of land measuring 8 kanals 11, marlas described in the title of the plaint, which was tried by the learned Civil Judge Khushab. It was contended by the petitioner that the subject land has been purchased by the respondent through Mutation No.505 dated 14-10-1997 for a sum of Rs.10,000 but an artificial sale price of Rs.40,000 was reflected in the mutation proceedings. It was contended in the plaint, that witnesses Mubashir Ahmad son of Muhammad Shafi, Noor Muhammad son of…

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