Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Qanun-e-Shahadat (10 of 1984), Art. 129 (g)---Talbs, performance of---Talb-i-Muwathibat was sine qua non for the right of pre-emption---Statements of witnesses of pre-emptor were contradictory with regard to time of performance of Talb-i-Muwathibat---Once evidence of pre-emptor had become shaky or his rival succeeded then superstructure had to collapse---Pre-emptor had failed to mention the date of execution and dispatch of the notice of Talb-i-Ishhad in the contents of plaint---Plaintiff had failed to plead that notice of Talb-i-Ishhad was served upon the vendee---Pre-emptor had failed to prove fulfillment of requisite demands as per requirements of law---Plaintiff was not co-sharer in the Khewat in question---Pre-emptor was bound to produce on record copy of Aks Shajrah besides examination of its maker and the copy of Warabandi to prove that she was Shafi Jar as well as Shafi Khaleet---Said documents were not produced thus best evidence had been withheld---Adverse inference would be drawn against the pre-emptor, in circumstances---Both the Courts below had failed to appreciate the evidence in its true perspective---Findings recorded by the Courts below were result of mis-reading and non-reading of evidence on record---Impugned s and decrees passed by the Courts below were set aside---Second appeal was allowed, in circumstances. Mian Pir Muhammad and others v. Faqir Muhammad through L.Rs. and others PLD 2007 SC 302; Mst. Saleem Akhtar v. Ch. Shauk Ahmed 2009 SCMR 673; Muhammad Ismail v. Muhammad Yousaf 2012 SCMR 911; Muhammad Wali Khan and another v. Gul Sarwar Khan and another PLD 2010 SC 965 Haider Ali Bhimji v. VIth Additional District Judge, Karachi (South) and another 2012 SCMR 254; Muhammad Aslam v. Mst. Ferozi and others PLD 2001 SC 213; Khushi Muhammad v. Liaquat Ali represented by Muhammad Irshad and others PLD 2002 SC 581; Iftikhar through legal heirs and others v. Capt. Khadim Hussain through legal heirs and others PLD 2002 SC 607; Muhammad Khan v. Mst. Rasul Bibi PLD 2003 SC 676 and Muhammad Yousaf Baig v. Rehmat Ali 2009 SCMR 642 rel. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Suit…

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