Law:

Section:

(a) Islamic Law-------Pre-emption---Suit for possession through pre-emption---Talb-i-Muwathibat and Talb-i-Ishhad ("talbs"), particulars of---Non-disclosure of material particulars of talbs in the pleadings---Lack of promptness in making talbs---Suit for possession through pre-emption was instituted by the pre-emptors on 25-2-1992, when there was no statutory law of pre-emption in force in the area where suit land was situated, and pre-emption proceedings were regulated under the general principles of Islamic Law of pre-emption---Pre-emptors submitted two lists of witnesses, first after the framing of issues, and second during post remand proceedings in the suit---Both lists contained names of two different sets of witnesses---Surprisingly, name of the two witnesses of Talb-i-Muwathibat and Talb-i-Ishhad did not appear in the first list of witnesses submitted by the pre-emptors---Even the second list of witnesses submitted by the pre-emptors did not contain name of one of the witnesses of Talb-i-Muwathibat and Talb-i-Ishhad, who only surfaced at the time of deposing in the witness box---Such fact alone was sufficient to show that introduction of their names as the witnesses of Talb-i-Muwathibat and Talb-i-Ishhad was an afterthought and for such reason alone names of said two witnesses were also withheld by the pre-emptors in their pleadings---Such admitted facts from the case record were fatal to the claim of the pre-emptors as regards their right of pre-emption under the general principles of Islamic Law---Evidence on record also showed that there were material contradictions as regards the pre-emptors' claim of acquiring knowledge of sale qua making Talb-i-Muwathibat and Talb-i-Ishhad, which shortcomings could not be lightly brushed aside---Pleadings of the pre-emptors in their suit lacked material particulars, which were required to be disclosed/unfolded in the plaint to give a fair chance to the vendee to put up his defence--- Apart from non-disclosure of the time, date and place of making Talb-i-Muwathibat and Talb-i-Ishhad, the names of the two witnesses of Talb-i-Ishhad were also not disclosed by the pre-emptors in their pleadings---Non-disclosure of…

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