Law: Punjab Pre-emption Act, 1991

Section: 13(3)

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13(3)---Suit for pre-emption---Talb-i-Ishhad, notice for---Proof---Pre-emptor/appellant had not produced the postman to prove the service or refusal of the notice of Talb-i-Ishhad allegedly issued through registered acknowledgement due---Vendee had not admitted that he had received a notice of Talb-i-Ishhad, duly attested by two truthful witnesses issued within two weeks from the alleged date of knowledge---Statement of vendee in court made it evident that the notice was served after filing of the suit, and the notice was issued by the Court---Further, even the original notice of alleged Talb-i-Ishhad had not been produced and got exhibited in the documentary evidence---Suit filed by pre-emptor was rightly dismissed---Appeals were dismissed. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Suit for pre-emption---Talbs, performance of---Performance of Talbs was not a formality, rather it was substantial for the plaintiff/pre-emptor to prove Talbs in accordance with law, otherwise the suit would be defeated. (c) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Suit for pre-emption---Talbs, performance of---Proof---Admissions on part of defendant/vendee---In a suit for pre-emption, the plaintiff had to stand on its own legs and may not rely on the weaknesses or admissions of the defendant/vendee to prove the whole claim---Balance of probabilities would not determine the outcome in a suit for pre-emption, which was a suit sui generis in its own nature and required each Talb to be proved in accordance with the law. In a suit for pre-emption, the plaintiff had to stand on its own legs and may not rely on the weaknesses or admissions of the defendant/vendee to prove the whole claim. For instance, in a written statement a vendee/defendant denies performance of Talb-i-Ishhad by the plaintiff/pre-emptor but when appearing as a witness admits receipt of notice of Talb-i-Ishhad. This admission was not sufficient to hold that the plaintiff had proved performance of Talb-i-Ishhad because the admission of receipt of notice did not confirm that the notice was sent within two weeks after the date of knowledge by the…

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