Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Punjab Pre-emption Act, 1991

Section: 13

Punjab Pre-emption Act (IX of 1991)-------S. 13---Suit for pre-emption---Talbs, a sine qua non---Trial Court dismissed the suit--Appellate Court accepted the appeal and decreed the suit---Validity---Plaintiff made Talb-e-Ishhad after lapse of three months despite having knowledge of the sale---Witnesses concocted a story and told lies about receipt of information of sale and making Talb-e-Muwathibat and Talb-e-Ishhad---Stance of plaintiff stood falsified---Statements of witnesses could not be relied---Plaintiff residing in the vicinity of suit-land, could have received the news of the sale immediately---Having failed to make `Talbs' which were a sine qua non for success in a suit for possession on the basis of pre-emption, plaintiff was not entitled to the impugned decree which was set aside---Judgment and decree of the Trial Court were upheld---Revision was accepted. Muhammad Tariq and 4 others v. Asif Javed and another 2009 SCMR 240 ref. Yar Muhammad Khan v. Bashir Ahmed PLD 2003 Pesh. 179 distinguished. Sheikh Zameer Hussain for Petitioner. Mian Inamul Haq for Respondent. Date of hearing: 11th January, 2011. JUDGMENT IJAZ AHMAD, J.--- As per the averments made in the plaint, the petitioner-defendant purchased the suit property by way of an oral sale for a, consideration of Rs.1,65.000 through Mutation No.359, sanctioned on 23-9-1999. On 20-12-1999, when the respondent-plaintiff was present in his 'baithak', at 0900 hours, Ghulam Shabbir (P.W.2) came there and informed him about the sale. The respondent-plaintiff expressed his intention to exercise his right of pre-emption. On the next day, the petitioner was asked to hand over the suit-land to the respondent after receiving the consideration but he refused. The respondent sent a notice for 'Talb-e-Ishhad' on 30-12-1999 and thereafter filed the instant suit. He claimed being a Shafi Sharik and Shafi Khaleet. The suit was contested by the present petitioner. In the written statement, it was stated that the respondent had the knowledge of the sale, therefore, was estopped to file the suit and the 'Talbs' had not been performed in accordance with law and that the plaintiff had no right of pre-emption. After the…

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