Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Qanun-e-Shahadat (10 of 1984), Arts. 71, 164 & 129(g)---Talbs, performance of---Requirements---"Fact of sale" and "through any source"---Scope---Suit for pre-emption---Contention of defendant was that all the pre-emptors did not appear in the witness box and information with regard to sale of property came through telephone but no talb was performed at that time---Suit was dismissed by the Trial Court but same was decreed by the Appellate Court---Validity---Right of pre-emption was a feeble right and formalities required for its enforcement must be observed---Talbs were necessary ingredients to establish right of pre-emption and must be proved---One of the plaintiffs appeared in the witness box whereas two pre-emptors did not opt to appear in the court---Where a fact was required to be proved through oral evidence, such evidence must be direct and from primary source---Proof of talbs in the present case was "fact" which could be proved by the person who made the same---Non-appearance of pre-emptors in the witness box to discharge onus of Talb-e-Muwathibat would amount to withhold the best evidence available and the inference should be drawn against them---Suit of pre-emption to the extent of such pre-emptors was liable to be dismissed on that score alone---Material contradictions between the statements of witnesses and pleadings with regard to performance of talbs were on record---Statements of witnesses of plaintiff were not truthful to place reliance on their testimony with regard to requirements of talbs---Pre-emptors were informed with regard to sale of suit property telephonically but no Talb-e-Muwathibat was performed by them at that time---Pre-emptor should perform Talb-e-Muwathibat when the "fact of sale" came in his knowledge "through any source"---Modern devices or techniques were admissible in evidence---Information with regard to sale of property through any source must be received in presence of at least two truthful witnesses to constitute Talb-e-Muwathibat---Date of notice of Talb-e-Ishhad was not mentioned in the plaint which was fatal to the suit of plaintiffs and same was not…

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