Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Qanun-e-Shahadat (10 of 1984)

Section: 132,133

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Performance of talbs---Talb-e-Ishhad---Proof---Failure to produce postman where notice of Talb-e-Ishhad was returned undelivered---Effect---Production and examination of postman by pre-emptor was obligatory to prove sending of notice of Talb-e-Ishhad by leading affirmative evidence---Talb-e-Ishhad was not proved---Suit was dismissed. 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. Ghulam Abbas and another v. Manzoor Ahmad and another 2008 SCMR 1366 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 132 & 133---Where witness was not cross-examined on a specific point, depositions of such witness on such point would be taken as correct. Mst. Nur Jehan Begum through legal representatives v. Syed Mujtaba Ali Naqvi 1991 SCMR 2300 rel. JUDGMENT ARSHAD MAHMOOD TABASSUM, J.---Noor Muhammad, predecessor-in-interest of the respondents, on 10-6-1998, instituted a suit for pre-emption against the petitioner, pre-empting the sale of the land measuring 56-kanals 3-marlas, being 56/66 share of Khasras Nos.1559, 1821 and 1822, situated in village Jabi Shah Dilawar (suit land), which the petitioner had purchased through mutation No. 1751, dated 25-3-1998. During the pendency of the suit, the plaintiff died and his legal heirs joined as plaintiffs Nos. 1(a) to 1(i). 2. The suit was contested by the petitioner through filing his written statement, wherein he raised certain preliminary objections including that the respondent had not fulfilled the requirements of Talb-i-Muwathibat and Talb-i-Ishhad and that he had no superior right of preemption. The learned trial court, after framing of relevant issues, put the parties to trial. Both the parties produced their pro and contra evidence and ultimately, the learned trial court, vide judgment and decree dated 6-10-2004, dismissed the suit with the following observation:-- "While the plaintiffs have produced original notice of Talb-i-Ishhad as Exh.P.1 with the contentions that the same had been returned undelivered but to corroborate this fact that the same had been registered and had been…

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