Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Talbs, performance of---Requirements---Pre-emptor was bound to prove performance of talbs for grant of decree of pre-emption---Vendor was sister of pre-emptor but he did not disclose said relationship in the plaint---Plaintiff had nowhere asserted that either relations between them at relevant time were not cordial or he was not available in the village when sale was sanctioned---Story launched by the pre-emptor with regard to gaining knowledge of disputed sale and then fulfilment of first demand after a period of more than one month of transaction was fictitious and concocted---Pre-emptor being brother of vendor could be presumed to have knowledge of sale from its commencement---Plaintiff had not produced the informant before the Court who reported the transaction---Best evidence had been withheld without any justification---Courts were bound to draw adverse inference against the pre-emptor---Plaintiff had failed to perform Talb-i-Muwathibat in circumstances---Nothing was on record that notice of Talb-i-Ishhad was received by the vendee---Acknowledgement due card was neither put to the postman nor got exhibited in his statement---Postal acknowledgement due card was not available on the file---If a witness was not subjected to cross-examination with regard to a fact deposed in his examination-in-chief then it would be deemed to be admitted---Courts below had failed to record just and fair findings---Impugned s and decrees passed by the Courts below were set aside and suit was dismissed---Revision was allowed in circumstances. Naseer Ahmad v. Arshad Ahmad PLD 1984 SC 403; Abdul Hameed and others v. Muzamil Haq and others 2005 SCMR 895; Hassan Din and others v. Manzoor Hussain and others 2010 SCMR 810; Mst. Zahida Perveen v. Mst. Perveen Akhtar 2012 CLC 1497; Noor Jan v. Abdul Deyan and others 2014 MLD 891; Abdul Rehman v. Haji Ghazan Khan 2007 SCMR 1491; Muhammad Hafeez through attorney v. Muhammad Riaz 2015 YLR 229; Falak Niaz v. Amal Din and another 2016 YLR 2047; Mst. Razia Begum v. Adam Khan and another 2016 YLR 172 and Aqal Zaman and others v. Balqiat Khan…

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