Law: Specific Relief Act, 1877

Section: 9

Specific Relief Act, 1877 (I of 1877)-- ----S. 9--Suit for possession through pre-emption--Dismissed--Sale of property--Performance of talabs--Constitution of majlis for pronouncement of talbs--Muwathibat--Right of pre-emption--Concurrent findings--Evidence of pre-emptor was minutely thrashout  by Courts--Negative findings--Challenge to--It was sine qua non for petitioner/pre-emptor to establish constitution of majlis as well as pronouncement of , talb-i-muwathibat--Participant of majlis (PW5) did not disclose time of performance of first demand in his statement-in-chief--Law is now clear that very right of pre-emption is not activated unless talab-e-munwathibat is performed, it should not be dubbed as a mere technicality, but at times it acquires such dimension that it becomes more important than superior right because it essentially is a sine qua non of right of pre-emption--Courts below minutely thrashed evidence of pre-emptor while capturing salient variations and major contradictions in statements of witnesses and perfectly rendered negative findings on pivotal issue qua talbs  had failed to convince that impugned decrees were tainted with misreading or non-reading of evidence, thus no case of interference is made out--Petition dismissed.       [Pp. 293 294] A, B, C, D E 2007 SCMR 1 ref. JUDGMENT The concurrent judgments of the two Courts below, whereby suit for possession through pre-emption as well as appeal of the petitioner unanimously dismissed, are the subject of petition in hand. 2. Arguments heard and record perused. 3. In fact, the transaction reflected in sale-deed dated 24.02.2010 was pirated by the petitioner through suit asserting his superior right and performance of requisite talbs. Ex-fade, in para-3 of the plaint of his suit, it was the stance of the petitioner that on 17.06.2010 at 6.00 P.M., he in his haveli was sitting with his brother, Farrukh Humayun when Muhammad Khalid (PW6) appeared there and on his information about the sale, the first demand was fulfilled. It was sine qua non for the petitioner/pre-emptor to establish constitution of majlis as well as pronouncement of the talb-i-muwathibat as pleaded in…

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