Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)-------S. 13---Talb-i-Muwathibat and Talb-i-Ishhad, performance of---Requirements---Right of pre-emption on the basis of contiguity---Proof---One of the plaintiffs who appeared in the witness-box had not stated that he was appearing on behalf of all the plaintiffs as attorney and was proving Talb-i-Muwathibat on behalf of other plaintiffs---Statement of one of the plaintiffs was recorded on 21-9-2006 whereas power-of attorney in his favour was filed as well as got exhibited in the statement of counsel for the plaintiffs on 30-11-2006---Power of attorney being not available on the file at the time of making statement by one of the plaintiffs, his statement would be presumed to be to his extent only---Making of Talb-i-Muwathibat was a personal act and a person must prove the same by appearing as a witness before the court or specifically by appointing an attorney to prove the same---Talb-i-Muwathibat had not been proved in the present case---Neither postman had been produced nor there was any record of receipt of notice of Talb-i-Ishhad by the addressees or refusal on their part nor acknowledgement-due had been produced---If receipt of acknowledgment-due was not received back then service of registered letter could have been proved by producing original record from the Post Office---Plaintiffs had failed to prove the delivery of the notice of Talb-i-Ishhad and did not discharge their duty to prove sending of said notice through registered post acknowledgment-due---Making of Talb-i-Ishhad was not proved in accordance with law---"Aks Masavi" had been produced but Patwari was not produced to prove the same---Plaintiffs were bound to prove Khasra numbers owned by them adjacent with that of suit property---Oral assertion of the plaintiffs was not sufficient to determine that they had right of pre-emption on the basis of contiguity which had not been proved in the present case---No private khaal had been established in the Naqsha of Khaal produced by the plaintiffs and no special right attached with the suit property could be presumed---Revision was dismissed. Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105 and Ghulam…

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