Law:

Section:

Punjab Pre-emption Act, 1991 (IX of 1991)-- ----S. 13(3)--Superior right of pre-emption being shafi sharik and shafi jar--Notice of talb-e-ishhad--Truthful attesting witnesses of talb-i-ishhad--Scribe to prove talb-i-ishhad--Failed to prove two truthful attesting witnesses to prove--Validity--Plaintiff had failed to prove talb-i-ishhad--High Court as well as First Appellate Court has misconstrued Section 13(3) of Act by recording findings against respondent--Appeal was allowed. THIS JUDGMENT DELIVERED BY: Amir Hani Muslim, J.- This appeal is directed against the judgment dated 17.5.2012 passed by the Lahore High Court, Rawalpindi Bench, whereby the civil revision filed by the appellant was dismissed. 2. Brief facts of the case are that the respondent filed a suit for possession through pre-emption, pleading therein that the appellant purchased the suit property, fully described in the title of the plaint, from one Muhammad Khan through registered sale-deed No. 3924 dated 29.5.1997 for a consideration of Rs.1,15,000/- but showed the fake sale consideration of Rs. 1,40,000/- to defeat his right of pre-emption. The respondent claims that he came to know about the subject sale for the first time on 4.7.1997 at 5.00 p.m. through one Fazal Elahi, in presence of one Rab Nawaz, so he made Talb-i-Muwathibatthen and there on 8.7.1997. The respondent sent a notice of Talb-i-Ishhad duly signed by two truthful witnesses to the appellant through registered post to fulfill the requirement of Talb-i-Ishhad having superior right of pre-emption qua the appellant beingShafi Sharik and Shafi Jar. The suit was contested by the appellant by filing written statement. Upon the divergent pleadings of the parties, the trial Court framed various issued and recorded evidence of the parties. By judgment dated 20.9.2008, the trial Court dismissed the suit of the respondent. Feeling aggrieved, the respondent filed Appeal before the Additional District Judge, Rawalpindi. On 26.02.2009, learned Appellate Court allowed the appeal and decreed the suit of the respondent. The appellant filed civil revision before the learned High Court which was dismissed vide impugned judgment dated…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492