Law:

Section:

Punjab Pre-emption Act (IX of 1991)--- ----S.13---Talb-e-Ishhad, performance of---Examination of postman---Plaintiff filed pre-emption suit which was dismissed concurrently--- Validity--- Receipt of acknowledgement-due had not been produced---Had the notice of Talb-e-Ishhad been sent through registered post acknowledgement-due as required under S.13(3) of the Punjab Pre-emption Act, 1991, the receipt of acknowledgement-due would have been received back and in case of non-receipt or refusal to receive the same, the envelope would have been received by the plaintiff-petitioner with an endorsement to that effect---Only on one of the eventualities, a presumption would have arisen to the effect that the notice of Talb-e-Ishhad was duly served---After denial of defendant-respondent, it was necessary for the plaintiff-petitioner to prove that he had, in fact, sent the notice of Talb-e-Ishhad through registered cover envelope acknowledgement-due or the same was, in fact, served upon the defendant-respondent---Notice of Talb-e-Ishhad could have been proved by production of the receipt of acknowledgement-due or envelope with endorsement of the postal employee, if received on refusal or through production of the postman, who had delivered the same---No doubt, in the present case, alphabets 'A.D.' appeared on the receipt but the person, who issued the same had not entered the witness box to prove that in fact, alphabets 'A.D.' were written and that the notice was actually sent through registered cover envelope acknowledge-ment-due---Pre-emptor was required to send the notice of Talb-e-Ishhad through registered cover envelope acknowledgement-due and prove that fact through reliable evidence and in case the receipt of the notice Talb-e-Ishhad was refused by the defendant-respondent then he might substantiate his contention by production of the receipt of acknowledgement-due issued by the Postal Department, the envelope bearing endorsement of the postal employee, after return due to refusal to accept the same or by examination of the postman---Plaintiff-petitioner did not adopt any mode to prove his contention regarding performance of Talb-e-Ishhad and Trial Court and…

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