Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g),73,2(d),70,72,129(f)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g),73,2(d),70,72,129(f)

Law: Punjab Pre-emption Act, 1991

Section: 13(3)(2)

Punjab Pre-emption Act (IX of 1991)-------S. 13---Qanun-e-Shahadat (10 of 1984), Arts.2(d), 70, 71, 72, 73 & 129(f)(g)---General Clauses Act (X of 1897), S.27---Suit for pre­emption---Performance of Talbs---Proof- Talb-e-Muwathibat was the starting point for claiming right of pre-emption--Unless Talb-e-Muwathibat was proved, performance of Talb-e-Ishhad could not be claimed---Factum of receiving knowledge of sale by a person was a fact as defined under Art.2(d) of the Qanun-e-Shahadat, 1984---All facts except contents of a document could be proved by oral evidence under Art.70 of the Qanun-e-Shahadat, 1984---Article 71 of the Qanun-e-Shahadat, 1984 provided that oral evidence must be direct and if such evidence "refers to a fact which could be seen, it must be the evidence of a witness who says he saw it and if it refers to a fact which could be heard it must be the evidence of a witness who says he heard it"---Person from whom plaintiff received knowledge of sale was not examined---Under Art.129(g) of the Qanun-e-Shahadat, 1984 adverse inference could be drawn from non-examination of said person that he might not have supported the plaintiff---Courts below rightly found that performance of Talb-e-Muwathibat was not performed as said person/informer. was not examined---Denial of notice of Talb-e-Ishhad by defendant placed burden of proving the same on plaintiff---Section 13(3) of the Punjab Pre-emption Act, 1991 specifically provided for issuance of notice of Talb-e-Ishhad with emphasis on "under registered cover acknowledgment due" to ensure delivery of such notice to the vendee---Under Art.129 of Qanun-e-Shahadat, 1984, presumption was attached to common course of business---Where a letter was posted, such letter would be presumed to have been delivered to the intended person following, common course of business but such presumption was rebuttable---Plaintiff was bound to follow the procedure specifically provided by S.13(3) of the Punjab Pre-emption Act, 1991 for issuing notice of Talb-e-Ishhad---When law required a thing to have been done in a particular manner such thing must have been done in that manner---Plaintiff did not examine any official of the…

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