Law: Punjab Pre-emption Act, 1991

Section: 13(3)

Law: Punjab Pre-emption Act, 1991

Section: 13(3)

Punjab Pre-emption Act (IX of 1991)-------S. 13---Making of Talbs---Plaintiff, in the plaint, had only given date when he came to know the sale in question, and failed to mention the time and place of the Majlis before whom he came into knowledge of the sale as well as performance of 'Talb-e-Muwathibat'---Pre-emptor must disclose the date, time and place of pronouncement of Talb-e-Muwathibat without any ambiguity, unless such details were provided in the plaint, subsequent evidence to prove the performance of 'Talb-e-Muwathibat' was not acceptable---Mandatory for pre-emptor to prove performance of three Talbs, i.e. 'Talb-e-Muwathibat', 'Talb-e-Ishhad' and 'Talb-e-Khusumat' to exercise his right of possession through pre-emption in respect of sale---While giving details of performance of 'Talb-e-Muwathibat' i.e. date, time and place was to be recorded in the plaint and until and unless such details were provided in the plaint, no suit for pre-emption was maintainable. Muhammad Iqbal v. Ali Sher 2008 SCMR 1682; Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. and others PLD 2007 SC 302; Haji Muhammad Saleem v. Khuda Bakhsh 2003 SC 315 and Fazal Subhan and 11 others v. Mst. Sahib Jamala and others (PLD 2005 SC 977 rel. Tahir Masood Qazi for Petitioner. ORDER SAGHEER AHMAD QADRI, J.--- Sher Afgan, petitioner-plaintiff filed suit for possession through pre-emption in respect of 14 marlas of land detail of which is given in the head note of the plaint mentioning the facts that respondent-defendant Sher Bahadur vide Mutation No.6080 dated 11-1-2002 purchased the land in consideration of Rs.25,000, however, in order to defeat the right of the petitioner-plaintiff fictitious price of Rs.87,000 was shown in the mutation; that the petitioner-plaintiff came into knowledge of the sale on 18-1-2002 through Sultan Mubarak son of Muhammad Ashraf and subsequently after getting copy of the mutation he sent notice of Talb-i-Ishhad on 31-1-2002 to the respondent-defendant attested by Sultan Mubarak and Muhammad Sadiq; that he claimed superior right of pre-emption being Shareek Khata and prayed that suit be decreed in his favour. 2. This suit was resisted by the…

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