Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Punjab Pre-emption Act (IX of 1991)--- ----S.13---Suit for pre-emption---Talbs---Proof---Talb-i-Ishhad, notice of---Examination of postman---Necessity---Acknowledgement-due receipt, non-production of---Effect---Pre-emptor neither produced receipt of acknowledgement-due nor produced the postman, who had served the notice of Talb-i-Ishhad upon the vendee; it was mandatory for the pre-emptor to produce the postman to establish the service of Talb-i-Ishhad in compliance with S.13 of Punjab Pre-emption Act , 1991. Allah Ditta through L.Rs. and others v. Muhammad Anar 2013 SCMR 866 and Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115--- Revisional jurisdiction of High Court--- Concurrent findings---Scope---Concurrent findings of courts below could not be interfered with in revisional jurisdiction of High Court, when the same were based on proper appreciation of evidence on record. Ghulam Qadir and others v. Sh. Abdul Wadood and others PLD 2016 SC 712; Mst. Zaitoon Begum v. Nazar Hussain and another (2014 SCMR 1469; Noor Muhammad and others v. Mst. Azmat-e-Bibi (2012 SCMR 1373; Administrator Thal Development through EACO Bhakkar and others v. Ali Muhammad 2012 SCMR 730 and Shafi Muhammad and others v. Khanzada Gul and others 2007 SCMR 368 ref. THIS JUDGMENT DELIVERED BY: MUJAHID MUSTAQEEM AHMED, JUSTICE:--- .--- By filing the instant civil revision, the petitioner has assailed concurrent judgments and decrees dated 12.04.2007 and 08.10.2007 passed by the learned courts below, by which the pre-emption suit filed by the present petitioner and appeal stood dismissed respectively. 2. The compendious facts of the pre-emption suit, culminating into this civil revision and necessary for its fair adjudication, are that Jamshaid Ali-respondent No. 1 (respondent) purchased the suit property through mutation of sale No. 124 attested on 02.08.1997 for consideration of Rs.4000/-. The present petitioner filed pre-emption suit on the qualification "Shafi-i-Sharik", "Shafi-i-Khaleet and "Shafi-i-Jar". alleging that on 09.08.1997 at 10.00 a.m. he was informed by Abdul Shakoor PW-2 regarding the sale transaction,…

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