Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)--- ----Ss. 30, 13 & 2(d)----Limitation Act (IX of 1908), S.4---Pre-emption suit---Limitation--- Computation--- Performance of Talbs---Proof---Material discrepancies in evidence---Effect---Superior right of pre-emption---Principles---Completion of sale---Determination---Limitation expired during court holidays---Computation of limitation---Principles---Plaintiff filed suit to pre-empt sale on basis of superior right of pre-emption---Both Trial Court and appellate court dismissed the suit on ground of limitation and non-performance of Talbs---Validity---In terms of S. 2(d) of Punjab Pre-emption Act, 1991, "sale" would be completed with exchange for valuable consideration---No evidence was produced to show that sale price and possession of land had been passed on to vendee before attestation of mutation, in given circumstance, sale would be deemed to have completed on attestation of mutation, after which right of pre-emption had accrued---Plaintiff had performed Talb-i-Muwathibat before attestation of mutation, which was of no consequence---Plaintiff witness had not deposed about date of knowledge of sale and performance of Talb-i-Muwathibat and stated contradictory times of alleged performance of Talb-i-Muwathibat---Such discrepancies in evidence were material, and the same were fatal for right of pre-emption---Plaintiff had failed to prove performance of Talbs in terms of S. 13 of Punjab Pre-emption Act, 1991---Plaintiff, in terms of S. 30 of Punjab Pre-emption Act, 1991, was bound to file suit within four months from date of attestation of mutation---Said limitation, in the present case, expired during summer vacations of courts, and plaintiff had filed suit on first working day after vacations, so the suit was within time---Findings of courts below on point of limitation were not sustainable, and the same were set aside---As both plaintiff and vendee were admittedly co-sharers in same Khewat, both courts below had, therefore, rightly found that both of them were equally entitled to right of pre-emption---Concurrent findings of both courts below were based on proper appraisal of evidence---Plaintiff failed to point…

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