Law:

Section:

Punjab Pre-emption Act (IX of 1991)--- ----Ss. 13 & 5---Talb-e-Muwathibit---Non-mentioning of date, place and time in the plaint---Effect---Contention of the plaintiff was that the suit was dismissed arbitrarily---Validity---Plaintiff had categorically mentioned that she gained knowledge of the sale on 9-7-1992; and neither she nor any witnesses examined by the plaintiff had deposed that she came to know about the sale on said date and deposed that nine months ago they came to know about the sale in question---No specific date, or time regarding the announcement of the plaintiff that she would pre-empt the sale had been mentioned in her statement---No time and place of Talb-e-Muwathibit had been mentioned in the plaint---Mentioning of date, place and time in the plaint regarding Talb-e-Muwathibit in a suit for pre-emption was sine qua non as without the same the time for making Talb-e-Ishhad could not be calculated correctly---Revision of pre-emptor was dismissed. Haq Nawaz v. Muhammad Kabir 2009 SCMR 630 rel. JUDGMENT SYED IFTIKHAR HUSSAIN SHAH, J.---Through this revision petition, the petitioner has called in question the legality of judgment and decree dated 24-6-1996 passed by the learned Civil Judge 1st Class Bahawalpur dismissing the suit for possession through pre-emption instituted by the petitioner regarding the property mentioned in the head note of the plaint and also the judgment and decree dated 1-4-1998 passed by the learned Additional District Judge, Bahawalpur whereby appeal of the petitioner against the aforesaid judgment and decree dated 24-6-1996, was dismissed. 2. Succinctly, the facts of the case are that the plaintiff/petitioner instituted a suit for seeking decree for possession through pre-emption regarding land comprising 12-Kanals 10-Marlas situated in Mouza Kerpal Tehsil Bahawalpur which was sold by Karim Bakhsh to the defendants/ respondents Noor Muhammad, Subay Khan and Nazir Ahmad vide Mutation No.519 dated 20-6-1992 for a consideration of Rs.1,23,500 and in order to defeat the superior right of pre-emption of the plaintiff, the sale price has been mentioned as Rs.1,64,000. The plaintiff claimed her superior right of…

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