Law: Punjab Pre-emption Act, 1991

Section: 13

Punjab Pre-emption Act, 1991-- ----S. 13--Suit for possession through pre-emption--Dismissed Appeal--Dismissed Revision Petition--Allowed--Case was remanded--Suit was decreed--Appeal Dismissed--Performance of `Talb-e-Muwahibat'--Deniel of receiving of notices of Talb-e-Ishhad--Non-production of acknowledgment due--Failing to proform Talb-e-Ishhad--Question of--Whether plaintiff was produced any evidence that notice of `Talb-e-Ishhad' was served upon defendants--Challenge to--It is by now settled law that in order to prove that notices were actually received by defendants, plaintiffs were required to produce postman concerned, who have actually delivered notice--Plaintiff has also failed to place on record acknowledgement due, which he had allegedly sent along with registered envelope--Therefore, when plaintiff has failed to perform `Talb-e-Ishhad' in manner and mode as provided under law laid down by august Supreme Court of Pakistan then obvious result would be that suit of pre-emptor must fail despite fact that plaintiff has established performance of `Talb-e-Muwathibat' and sending of notice of 'Talb-e-Ishhad'--Revision petition was allowed. 2013 SCMR 866, ref. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, JUSTICE---.--- Impugned herein is the judgment of learned Additional District Judge/lzafi Zila Qazi Buner at Dagger dated 2.12.2010, whereby the learned appellate Court had dismissed the appeal of the present petitioners which was filed by them against the judgment and decree of the trial Court dated 18.12.2009, decreeing the suit of the plaintiff/ respondent for possession of the suit property on the basis of his right of pre-emption. 2. Precisely stated facts of the case are that on 08.02.2001 the plaintiff/respondent had filed a suit for possession of the land measuring 17 kanals 3 marlas through pre-emption. 3. On being noticed, the defendants/petitioners appeared and contested the suit in their written statement on various factual and legal issues. The learned trial Court had framed as many as 10 issues from divergent pleadings of the parties, allowed the parties to produce their respective evidence. Thereafter, the suit of the plaintiff/ respondent was…

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