Law:

Section:

Punjab Pre-emption Act (IX of 1991)------S.13---Right of pre-emption---Talb-e-Muwathibat, making of---Plaint and evidence---Contradictions---Effect---Suit filed by pre-emptor was concurrently decreed in his favour by all three courts below---Plea raised by vendees was that there was contradiction in plaint and evidence regarding time and place of making of Talb-e-Muwathibat---Validity---Stance of pre-emptor was contradictory, inasmuch as, in plaint it was alleged that he performed Talb-e-Muwathibat on 28-8-1995, in presence of a witness but while appearing as witness, pre-emptor stated that Talb-e-Muwathibat was performed on 5-9-1995, in presence of Patwari---Such two statements were irreconcilable as two different dates for performance of Talbs were pleaded by pre-emptor---Issue relating to Talbs could not have been decided in favour of pre-emptor in view of his contradictory stance---None of the courts below adverted to such material and crucial aspect of the case which could have only decided fate of suit---High Court only relied upon statement of pre-emptor and completely ignored his stance initially taken in the plaint---All the courts below decided the matter in complete oblivion of record of case and High Court mechanically affirmed findings of two courts on the ground that those were concurrent---All the courts completely misread the record of the case and Supreme Court reversed s and decrees of all three courts---Supreme Court converted petition for leave to appeal into appeal and dismissed the suit filed by pre-emptor---Appeal was allowed. Saif-ul-Haq Ziay, Advocate Supreme Court for Petitioners. Ch. M. Yaqoob Sandhu, Advocate Supreme Court for Respondent. Date of hearing: 30th June, 2009. ORDER MIAN HAMID FAROOQ, J.---Petitioners seek leave to appeal against judgment dated 15-10-2004, whereby the learned Lahore High Court at Lahore, dismissed their revision petition (Civil Revision No.2037 of 2002). 2. Respondent/plaintiff filed suit for possession through pre-emption thereby pre-empting the sale effected through Mutation No.424 dated 29-8-1995 favouring the petitioners qua the suit-land thereby claiming that they have superior rights and that they…

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