Law: Punjab Pre-emption Act, 1991

Section: 13(2)

(a) Punjab Pre-emption Act (IX of 1991)----S. 13(2)---Suit for pre-emption---Talb-i-Muwathibat---Proof---Details of performance of Talb-i-Muwathibat had been given in the plaint, and the same were proved through producing the informer, the witness before whom the said talab was performed, and the appellant-pre-emptor himself---Suit for pre-emption filed by the appellant had rightly been decreed---Appeal was allowed. (b) Punjab Pre-emption Act (IX of 1991)----S. 13(3)---Suit for pre-emption---Talb-i-Ishhad, notice of---Proof---For the performance of Talb-i-Ishhad, the attesting witnesses of the Talb-i-Ishhad, along with the appellant-pre-emptor testified and their evidence had not been rebutted---Notices of Talb-i-Ishhad were sent to the respondents-vendees on their given addresses along with acknowledgement due cards but the same were returned un delivered as the vendees had refused to accept the same---When the addresses appearing on registered envelopes were the same and had not been denied by the vendees then it could safely be held that the same were not accepted intentionally as an attempt to hamper and extinguish the right of pre-emption of the appellant---Available record confirmed that the pre-emptor, as per requirement of law, had performed his legal obligation---Non-acceptance of registered letters, in the given circumstances, would simply mean that the vendees knowingly refused to accept the same and their said act, in no way, could affect the rights of the pre-emptor---When the postal receipts, AD Cards and properly addressed registered envelopes containing the notices of Talb-i-Ishhad were present on file and tendered in evidence in the Court, then this would amount to sufficient compliance of the law---Suit for pre-emption filed by the appellant had rightly been decreed---Appeal was allowed. JUDGMENT: MAZHAR ALAM KHAN MIANKHEL, JUSTICE:---.--- Through instant direct Appeal under Article 185(2) of the Constitution of the Islamic Republic of Pakistan, 1973, the Plaintiff/Appellant (‘Appellant’) being pre-emptor, has questioned the impugned Judgment dated 15-02-2021 whereby the learned Judge in Chambers of the Lahore High Court, Lahore, allowed the…

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