Law: Punjab Pre-emption Act, 1991

Section: 6,13

Law: Specific Relief Act, 1877

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Constitution of Pakistan, 1973

Section: 227

Punjab Pre-emption Act (IX of 1991) --- ----Ss.6 13---Specific Relief Act (I of 1877), S.12---Civil Procedure Code (V of 1908), O. VII, R.11---Constitution of Pakistan, Art.227---Suit for possession through pre-emption---Defendants filed a suit for specific performance of agreement to sell and plaintiff-pre-emptor contested the same but it was decreed---Plaintiff thereafter filed a suit for pre-emption---Trial Court rejected the plaint but Appellate Court remanded the matter for decision afresh after recording evidence of the parties---Validity---Plaintiff had made false story with regard to meeting and information of sale of suit property---Pre-emptor right over suit land had extinguished as he had not disclosed the source of information and registration of sale deed which should have been pleaded in the plaint---Plaintiff had not mentioned the names of witnesses of Talb-i-Muwathibat and Talb-i-Ishhad in the plaint which was mandatory---Pre-emptor was estopped to assert the lack of knowledge with regard to sale deed as decree had been executed against him---Pre-emptor had filed pre-emption suit with false and fabricated stance and he was not a truthful person---Plaintiff had no cause of action and the suit was barred under S.6 of Punjab Pre-emption Act, 1991---Trial Court had rightly rejected the plaint and Appellate Court had not applied its judicious mind---Impugned and decree passed by the Appellate Court were based on mis-reading and non-reading of evidence and were not sustainable in the eyes of law, same were set aside---Revision was allowed, in circumstances. Hamid Qayyum and 2 others v. Abdul Majeed and 9 others 2000 CLC 1077; Subhanuddin and others v. Pir Ghulam PLD 2015 SC 69; Muhammad Anwar v. Safeer Ahmed and 5 others 2017 SCMR 404; Mir Muhammad Khan and 2 others v. Haider and others PLD 2020 SC 233; Riasat Ali and 9 others v. Rahim Bakhsh and others 1992 CLC 2193; Masood Pervez Sajid v. Mst. Nawasih Fatima and 2 others 2005 MLD 579; Muhammad Yaqoob v. Hameeda Begum and 4 others 2005 CLC 870; Mst. Salma Bibi and others v. Muhammad Aslam through L.Rs 2014 YLR 2481 rel. Holy Prophet Hazrat Muhammad ( ) rel. and Nazim-ud-Din and others v. Sheikh…

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