Law: Punjab Pre-emption Act, 1991

Section: 13(3)

Punjab Pre-emption Act, 1991 (IX of 1991)-- ----S. 13(3)--Pre-emption suit--Service of notice of talb-i-ishhad--Failed to prove talb-i-muwathibat--Unimpeachable evidence--Jurisdictional defect--Concurrent findings was also under mandatory legal obligation to prove talb-i-ishhad by producing witnesses of notice as well as service of notice as per law but he had not produced postman in evidence for proving service of notice of talb-i-ishhad upon respondent/defendant, as such, appellant/plaintiff had failed to prove service of notice of talb-i-ishhad as required under Section 13 (3) of Punjab Pre-Emption Act, 1991 and non-compliance of provision of law vitiates pre-emptory right of appellants has not been able to point out any illegality or material irregularity, misreading and non-reading of evidence in impugned s decrees passed by Courts below and has also not identified any jurisdictional defect--Concurrent findings of fact are against petitioners which do not call for any interference by High Court in exercise of its revisional jurisdiction in absence of any illegality or any other error of jurisdiction. Ref. 2014 SCMR 1469. Documentary evidence-- ----Documents produced by petitioners’ cannot be relied upon as valid piece of evidence and ordinarily such documents are excluded from taking into consideration. JUDGMENT Through this civil revision the petitioners have challenged the judgment decree dated 24.11.2007, passed by the learned Civil Judge, Taunsa Sharif who dismissed the suit for per-emption filed by the petitioners and the judgment decree dated 04.05.2010, passed by the learned Additional District Judge, Taunsa Sharif, who dismissed the appeal of the petitioners. 2. Brief facts of the case are that the predecessor-in-intercst of the petitioners/plaintiffs namely Ghulam Ali filed a suit for possession through pre-emption against Khuda Bukhsh, predecessor-in-interest of the respondents/defendants, in respect of land measuring 06 Kanal 15 Marla, fully described in headnote of the plaint which was hotly contested by the respondents/defendants. The learned trial Court framed issues, recorded pro and contra evidence of the parties and finally dismissed the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492