Law: Punjab Pre-emption Act, 1991

Section: 13(3)

Punjab Pre-emption Act (IX of 1991)--- ----S. 13(3)---Suit for pre-emption---Talb-i- Ishhad, notice of---Proof---Two truthful witnesses--- Non-production of truthful attesting witnesses---Effect---Two truthful attesting witnesses were required to be produced by the party in order to prove Talb-i-Ishhad as mandated by S. 13(3) of the Punjab Pre-emption Act, 1991---Non-production of one of the witnesses of the notice of Talb-i-Ishhad by the party asserting right of pre-emption would lead to the conclusion that it had failed to prove Talb-i-Ishhad---One of the attesting witnesses of Talb-i-Ishhad, in the present case, appeared in the witness-box, but he did not support the case of the pre-emptor, whereas the second attesting witness of Talb-i-Ishhad was not produced by the pre-emptor for which no plausible explanation had been offered---Pre-emptor had, thus, failed to produce two truthful attesting witnesses to prove Talb-i-Ishhad, in terms of S.13(3) of the Punjab Pre-emption Act, 1991---Suit for pre-emption was dismissed---Appeal was allowed accordingly. Dawa Khan v. Muhammad Tayyab 2013 SCMR 1113 and Muhammad Abaidullah v. Ijaz Ahmed Civil Appeal No.543 of 2008 ref. JUDGMENT 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-­Muwathibat then 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 fulfil the requirement of Talb-i-Ishhad…

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