Law:

Section:

(a) Islamic law--- ----Pre-emption---Suit for pre-emption filed by plaintiff was concurrently dismissed---Validity---Observation in the impugned s that a commercial property was exempt from pre-emption was erroneous---Plaintiff had gone over to the suit shop with the intent to invoke the right of pre-emption as he had prior knowledge of the sale---Talb-i-mawathibat, in circumstances, could not be said to be a jumping demand---Impugned s and decrees did not call for interference---Revision application was dismissed. M.R. Sons v. Junaid Associates (Pvt.) Ltd. PLD 1990 Kar. 387 and Abdul Rahim Khan v. Asif Ali Khan PLD 2001 SC 137 not fol. Government of NWFP v. Said Kamal Shah PLD 1986 SC 360; Muhammad Shabbir Ahmad Khan v. Government of Punjab PLD 1994 SC 1 and Rana Muhammad Tufail v. Munir Ahmed PLD 2001 SC 13 rel. (b) Islamic law--- ----Pre-emption---If talb-i-mawathibat is not made immediately on acquiring knowledge of the sale then it will be deemed that the shaafi has foregone his right of pre-emption. (c) Islamic law--- ----Pre-emption---Right of pre-emption being a feeble right, the pre-emptor is to be put to strict proof as to the making and the observance of the requisite talbs. ORDER ADNAN IQBAL CHAUDHRY, JUSTICE:---.--- F.C. Suit No. 34 of 2007 filed by the Applicant (Plaintiff) for pre-emption was dismissed by the learned II-Senior Civil Judge, Sukkur by judgment and decree dated 01-04-2009 and 04-04-2009 respectively; and the Applicants Civil Appeal No. 32/2009 was also dismissed by the learned III-Additional District Judge, Sukkur by judgment and decree dated 11-10-2011; hence this revision application. 2. The property pre-empted by the Plaintiff (Applicant) was a shop which had been purchased by the Defendant (Respondent) by sale deed dated 10.10.2006. The Plaintiff claimed that he was shafi-i-jar as he was owner of an adjoining shop at the back of the suit shop; that he came to know of the sale on 15-04-2007 and immediately made both the talb-i-mowasibat and the talb-i-ishaad before the Defendant in the presence of witnesses, namely Abdul Hameed and Illahi Bux. The Defendant pleaded that he was not a stranger and he too was in occupation of a…

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