Law:

Section:

Punjab Pre-emption Act (IX of 1991)--- ----S.13---Suit for possession through pre­emption---Talb-e-Muwathibat and Talb-e-Ishhad---Suit of plaintiff was dismissed concurrently on the ground of the non-performance of the necessary Talbs---Validity---Admitted fact on the record was that the plaintiff in hit plaint had not alleged the time and place of the making of talb-e-Muwathibat---Plaintiff only claimed making of Talb-e-Muwathibat in presence of two witnesses and in his statement in the witness 'box had mentioned names of witnesses to the Talb­e-Muswatibit whose names were not mentioned in the plaint---Plaintiff had not produced the alleged informer from whom he had obtained the information of the transaction, and the informer from whom the plaintiff had received information, under law, had to be produced--Where the time and place of the making of Talb-e Muwathibat was not mentioned in the plaint, such suit for pre-emption must fail---Where a plaintiff alleged perfor­mance of Talb-e-Ishhad sent through registered post, and if such fact was denied by the defendants, then such plaintiff must produce the postman to prove the delivery of the notice of Talb-e-Ishhad---Plaintiff had produced postman as a witness but said witness had admitted that the defendant was out of the country at the time he made the delivery, and no acknowledgement receipt of registered post had been produced---Revision was dismissed. Pervaiz and another v. Muhammad Nawaz 2006 SCMR 4 distinguished. Nawab Din through L.Rs. v. Faqir Sain 2007 SCMR 401; Wilayat Khan v. Muhammad Sharif through Mst. Irshad Bibi and others 2004 CLC 240; Abdul Sattar and another v. Mian Muhammad Attique and another 2010 YLR 616; Mian Pir' Muhammad and another v. Faqir Muhammad through L. Rs, and others PLD 2007 SC 302; Sher Afghan v. Sher Bahadur 2011 CLC 1830; Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105; Bashir Ahmed v. Ghulam Rasool 2011 SCMR 762 and Nawab Ali through General Attorney v. Javaid Iqbal Nabi and others PLD 2009 Lah. 49 rel. ORDER NASIR SAEED SHEIKH, J.---This Civil Revision is directed against the judgments and. decrees passed by the two courts below in the matter whereby a suit…

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