Law: Punjab Pre-emption Act, 1991

Section: 13

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Pre-emption suit Ground of superior right of pre-emption---Defendants contested suit and filed written statement--Trial Court decreed the suit whereas appellate court allowed appeal and set aside the and decree passed by Trial Court---Plaintiffs asserted that superior right of pre-emption was fully established on record and the appellate court discarded the and decree passed by Trial Court without any solid reason---Validity---Statements of all of plaintiffs' witnesses remained materially unshattered and unshaken during cross-examination and they remained consistent on the points of superior right of pre-emption of predecessor-in-interest of the plaintiffs about gaining knowledge of sale by pre-emptor from informer and thereafter making of Talb-e-Muwathibat, Talb-e-Ishhad by him---Bald statement of one of the defendants was not enough to discard sufficient oral as well as documentary evidence produced by the plaintiffs to prove their case---High Court set aside the and decree passed by appellate court and restored the one passed by Trial Court. 2005 YLR 2388 ref. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Pre-emption suit---Non -fulfilment of requirements of Nibs would not entitle the plaintiff to decree for pre-emption. (c) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Pre-emption suit---Section 13 of the Punjab Pre-emption Act, 1991 contemplated a maximum period of two weeks for making of Talb-e-Ishhad and for failure to do so, the right of pre-emption was extinguished---Pre-emptor was supposed to make reference to his first demand, the Talb-e-Muwathibat, while making the second talb, the Talb-e-Ishhad---Rationale behind was to put restriction on exercise of said right, which was based on a tradition of the Holy Prophet. THIS JUDGMENT DELIVERED BY: SYED AKHLAQ AHMAD, J.- This civil revision is directed against the judgment and decree passed by the learned Additional District Judge-II Mianwali dated 22-6-2004 whereby he dismissed the appeal filed by the petitioners/plaintiffs against the judgment and decree dated 13-9-2002 passed by Civil Judge Isakhel by virtue of which he decreed the…

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