Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)--- ----Ss. 13 & 6---Talb-i-Ishhad---Production of postman---Suit for possession through pre-emption was dismissed concurrently on finding of non-performance of Talb-i-Ishhad, as postman was not produced as a witness by the plaintiff---Validity---On basis of available record, it was established that plaintiff did not produce postman to prove the due performance of Talb-i-Ishhad therefore he had not proved due performance of Talb-i-Ishhad and was not entitled to pre-emption decree---Appeal was dismissed. Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105; Bashir Ahmad v. Ghulam Rasool 2011 SCMR 762; Hayat Muhammad and others v. Mazhar Hussain 2006 SCMR 1410 Muhammad Yousaf v. (1) The Chief Settlement and Rehabilitation Commissioner, Pakistan, Lahore and (2) Haji Ahmad Din, Sh. Muhammad Ismail v. The Chief Settlement and Rehabilitation Commissioner, Pakistan, Lahore and (2) Haji Ahmad Din; Hamida Khanum v. Sufi Fazal Muhammad Khan and (2) Sh. Muhammad Rafique, Settlement Commissioner, Lahore PLD 1968 SC 101 and Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105 rel. (b) Precedent--- ----Judgment announced by larger Bench was to prevail over announced by a Bench comprising of two Honourable Judges of the Supreme Court. Babar Shehzad v. Said Akbar and another 1999 SCMR 2518 rel. ORDER NASIR SAEED SHEIKH, J.---The appellant instituted a suit for possession through the exercise of his right of pre-emption against the respondents in the court of learned Civil Judge Chunian District Kasur. This suit was contested by the respondents. In paragraph No.5 of the plaint the appellant alleged the performance of Talb-e-Muwathibat whereas in Paragraph No.6 of the plaint he alleged performance of Talb-e-Ishhad by sending a notice dated 8-11-2004 through registered postal service to defendants Nos.1 to 7 of the suit. 2. The learned Civil Judge framed the following issues:-- ISSUES (1) Whether the plaintiff has superior right of pre-emption qua the defendants? OPP (2) Whether the plaintiff has fulfilled the requirements of Talbs accord-ing to law? OPP (3) Whether the plaintiff is entitled to the decree prayed for? OPP…

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