Law:

Section:

Punjab Pre-emption Act (IX of 1991)--- ----Ss. 13 & 5---Talb-e-Muwathibat/ "Jumping demand"---Proof of---Suit for possession through pre-emption was decreed concurrently---Contention of defendant was that there was no mention of date, time and place of knowledge of impugned sale in the plaint---Validity---Plaintiff must plead jumping demand in the plaint as well as mention the same in the notice and prove the same through evidence---Point of time of knowledge was necessary to prove Talb-e-Muwathibat---In the present case, it was not on the surface as to when and where plaintiff came to know about the impugned sale and therefore he could not prove the jumping demand---Plaintiff could not state that his right had not been extinguished in accordance with S. 13 of the Punjab Pre-emption Act, 1991 when he did not give any date of knowledge in either the plaint or notice---Findings of courts below were wrong---High Court set aside concurrent findings of courts below---Revision was allowed, in circumstances. Mian Pir Muhammad and another v. Faqir Muhammad and others PLD 2007 SC 302 and Haq Nawaz v. Muhammad Kabir 2009 SCMR 630 ref. Pakistan through General Manager, P.W.R. Lahore v. Mrs. A.V. Issacs PLD 1970 SC 415 and Vokkarat Pakistan Ltd. Karachi v. Interavia Pakistan Ltd. Karachi 2001 SCMR 671 distinguished. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this appeal, appellants have challenged the judgment and decree dated 16-3-2004 passed by learned Addl. District Judge, Muzaffargarh, whereby the appeal filed by the appellants was dismissed and the judgment and decree dated 11-10-2001 passed by learned Civil Judge, Alipur, whereby, the suit for possession through pre-emption filed by the respondent-plaintiff was decreed. 2. Briefly, the facts of this case are that the respondent-plaintiff pre-empted the sale of land in favour of Abdul Razzaq (appellant No.1) fully described in the head note of plaint through Mutation No.298 attested on 31-12-1994. The written statement was filed and suit was contested. Out of the divergent pleadings of parties, learned trial Court framed issues and invited the parties to produce their respective evidence. Both the parties produced…

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