Case Details

Citation(s)
2014 SLG 1340 2014 SLD 1340 2014 YLR 87
Lahore High Court
Civil Revision No.506 of 2004, heard on 2-09-2013
AMIN-UD-DIN KHAN, J

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MUHAMMAD AFZAL

VS

ALI MUHAMMAD

Law:

Section:

Punjab Pre-emption Act (IX of 1991)---S. 13---Talbs, performance of---Story narrated by the plaintiff with regard to knowledge of sale was not believable---Informer did not mention date and place of performance of Talb-e-Muwathibat---Pleading and proving specific place of knowledge of sale was necessary to prove notice of Talb-e-Ishhad---House was not a specific place as same was a vast place---Scribe of notice of Talb-e-Ishhad was not produced by the plaintiff---Postman was not produced to prove the receipt of notice of Talb-e-Ishhad by the defendant---Findings of First Appellate Court that plaintiff had proved talbs were not in accordance with the evidence available on file---Plaintiff was bound to prove performance of talbs by producing postman to prove the receipt or refusal to receive notice of Talb-e-Ishhad---Pre-emptor had failed to prove notice of Talb-e-Ishhad in accordance with law---Plaintiff had to prove the sale of specific property by producing sale instrument and without producing the same he could not succeed in proving his superior right of pre-emption; he was required to produce sale mutation as well as Register Haqdaran Zamin to establish his right of pre-emption at the time of sale in the impugned khatas, at the time of filing of suit and at the time of decree---Plaintiff had failed to prove his right of pre-emption on the impugned land---Revision was dismissed in circumstances. Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. and others PLD 2007 SC 302; Bashir Ahmed v. Ghulam Rasool 2011 SCMR 762; Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105 and Allah Ditta through L.Rs. and others v. Muhammad Anar 2013 SCMR 866 rel. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this Civil Revision petitioner has challenged the judgment and decree dated 19-7-2004 passed by learned Additional District Judge, Talagang whereby appeal filed by the petitioner was dismissed and the judgment and decree dated 21-1-2004 passed by learned Civil Judge, Talagang whereby suit for pre-emption filed by the plaintiff-petitioner was dismissed. 2. Brief facts of the case are that plaintiff-petitioner on 17-2-1999 filed a suit to pre-empt the sale of…
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