Law: Civil Procedure Code (V of 1908)

Section: OrderVII,Rule11

Islamic law--- ----Pre-emption suit---Requirements---Suit property not adjacent to the property of pre-emptor---Plaintiff had not mentioned the description of suit land in his plaint---Pre-emptor before performing Talb-i-Ishhad must give reference of first demand to the witnesses informing them that he/she had already performed his/her first demand accordingly---Such reference was a condition precedent without which Talb-i-Ishhad was incomplete---Pre-emptor had not mentioned the names of witnesses in the plaint in whose presence Talb-i-Muwathibat and Talb-i-Ishhad were performed and no date, time and place of said talbs in the plaint were mentioned---Plaintiff was bound to have mentioned date, time and place of performance of Talb-i-Muwathibat in the plaint---Pre-emptor had failed to establish performance of Talb-i-Muwathibat, in circumstances---Trial Court had rightly rejected plaint filed by the plaintiff---Revision was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: ROZI KHAN BARRECH, JUSTICE:---.--- Brief facts in the instant Civil Revision Petition are that suit for declaration, possession through pre-emption and permanent injunction was filed by the petitioner/plaintiff, the same was contested, and the learned Senior Civil Judge, Usta Muhammad (hereinafter "the trial Court") vide order and decree dated 29.05.2018 (hereinafter "the Order") dismissed the suit of the plaintiff/petitioner under Order VII, Rule 11, C.P.C. On appeal the learned District Judge, Usta Muhammad (hereinafter "the appellate Court") vide judgment and decree dated 07.11.2018 (hereinafter "the impugned Judgment) upheld the judgment and decree passed by the trial Court. Hence this Civil Revision. 2. I have heard the learned counsel for the petitioner as well as respondents at considerable length and also perused the record with their able assistance. 3. The claim of the petitioner/plaintiff is for possession of the land in question through 'Right of Pre-emption'. In Balochistan, the 'Right of Pre-emption' is governed by section 231 of Muhammadan Law, wherein co-sharer, a participator in amenities and in appendages and owner of adjoining immovable property is entitled for such…

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