Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)---.--- ---.----S. 13---.---Suit for pre-emption---.---'Talb-e-Muwathibat'---.---Scope and proof---.---'Talb-i-Muwathibat' was a sine qua non for maintaining a suit for possession through pre-emption---.---Time, date and place of 'Talb-i-Muwathibat' must necessarily be pleaded in the plaint along with the source of information of the sale pre-empted. Muhammad Ismail v. Muhammad Yousaf 2012 SCMR 911; Mst. Imtiaz Begum and others v. Mst. Sultan Jan 2008 SCMR 1268 and Abdul Aziz v. Sheikh Fateh Muhammad 2007 SCMR 336 ref. (b) Punjab Pre-emption Act (IX of 1991)---.--- ---.----S. 13---.--- Suit for pre-emption---.---'Talb-e-Muwathibat'---.---Name of informant not mentioned in the plaint---.---Effect---.---Source of information of the sale pre-empted must necessarily be pleaded in the plaint, however, the same was not done by the pre-emptor in the present case---.---Suit for pre-emption was rightly dismissed---.---Petition for leave to appeal was dismissed accordingly. (c) Punjab Pre-emption Act (IX of 1991)---.--- ---.----S. 13---.---Suit for pre-emption---.---'Talb-e-Muwathibat', making of---.---Delay---.---Witnesses produced by the vendee categorically stated that the pre-emptor had the knowledge of the sale of the property in dispute on the date of such sale---.---Such portion of their statement had not been cross-examined---.---Pre-emptor entered the witness box and during his cross-examination conceded that the sale of the property would ordinarily be known to all and sundry in the locality---.---Pre-emptor also asserted that he had knowledge of such transaction on the date thereof which he stated to be 3-12-1994 (the sale actually took place on 30-11-1994)---.---Pre-emptor was unable to prove that the 'Talb-i-Muwathibat' was effected in accordance with law within the requisite time specified therein---.---Suit for pre-emption was rightly dismissed---.---Petition for leave to appeal was dismissed accordingly. THIS JUDGMENT DELIVERED BY: SH. AZMAT SAEED, JUSTICE:---.--- This Civil Petition for Leave to Appeal is directed against the judgment dated 28.11.2012, whereby a Regular Second Appeal bearing No.66 of 2010, filed by…

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