Law: Punjab Pre-emption Act, 1991

Section: 13

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Right of pre-emption---Talb-e-Ishhad, making of---Proof---Truthfulness of witnesses---Suit was decreed by Trial court and upheld by Appellate Court in favour of pre-emptor---Validity---Under S. 13(3) of Punjab Pre-emption Act, 1991, much stress was laid down on truthness of witness of Talb-e-Ishhad---In the present case conflicting statements of pre-emptor and his witness were found on record, thus they could not be considered as truthful to place reliance on their testimony in regard to making of Talb-e-Ishhad---Pre-emptor failed to prove due performance of Talb-e-Ishhad under the law---Impugned s of the two Courts below were set aside and suit of pre-emptor was dismissed leaving the parties to bear their own costs. Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105; Dayam Khan and others v. Muslim Khan 2015 SCMR 222; Khan Afsar Khan and others 2015 SCMR 311; Bashrat Ali Khan v. Muhammad Akbar 2017 SCMR 309 and Mst. Bibi Fatima v. Muhammad Sarwar 2022 SCMR 870 ref. Mst. Zaitoon Begum v. Nazar Hussain and others 2014 SCMR 1469 and Ghullam Murtaza v. Muhammad Rafique and others 2022 SCMR…

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