Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)---.--- ---.---S.13---.---Talb-i-Ishhad, performance of---.---Scope---.---Pre-emptor was not only bound to prove that he dispatched notice of Talb-i-Ishhad to the vendee but also to establish that the said notice was delivered to the addressee---.---Pre-emptor had committed negligence by drafting notice of Talb-i-Ishhad against a wrong name---.---Plaintiff had failed to prove that said notice was delivered to the vendee which was requirement of law---.---Findings recorded by the Appellate Court decreeing the suit were not sustainable---.---Impugned and decree passed by the Appellate Court were set aside and suit was dismissed---.---Revision was allowed in circumstances. Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105; Sultan Ali v. Ghulam Hussain 2012 YLR 2545; Rabia Bibi and another v. Jahana through L.Rs. 2013 YLR 2016; Allah Ditta through L.Rs. and others v. Muhammad Anar 2013 SCMR 866; Zabiullah and others v. Awal Khan 2014 CLC 976 and Khan Afsar v. Afsar Khan and others 2015 SCMR 311 rel. (b) Civil Procedure Code (V of 1908)---.--- ---.---O. XLI, R. 22---.---Non-filing of cross-objection or cross-appeal---.---Effect---.---Party while supporting impugned could assail findings on the issues which were decided by the courts below against him without filing cross-appeal or cross-objections through his oral assertion. Muhammad Yar and others v. Allah Wasaya and others 2013 YLR 1013; Suba and others v. Abdul Aziz and others 2008 SCMR 332 and Ghulam Rasool through L.Rs. and others v. Muhammad Hussain and others PLD 2011 SC 119 rel. (c) Registration Act (XVI of 1908)---.--- ---.---S. 17---.---Registered document---.---Scope---.---Registered document had presumption of truth over a private document. (d) Registration Act (XVI of 1908)-- ---.---S. 60---.---Certificate of registration---.---Scope---.---Presumption attached to the certificate of registration could not be rebutted by the beneficiary of document by production of agreement or sale receipt. (e) Pleadings---.--- ---.---Party had to first plead facts and pleas in the pleadings and then to prove the same through evidence---.---No one could be allowed to…

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