Law: Punjab Pre-emption Act, 1991

Section: 5,13

Law: Civil Procedure Code (V of 1908)

Section: O.XX,R.5

(a) Punjab Pre-emption Act (IX of 1991)--- ----Ss. 5 & 13---Plaintiff filed suit for possession through pre-emption on the ground that the disputed property was sold against consideration of Rs.200,000 but to deprive plaintiff of his right to pre-empt, the said `sale' had been shown as 'exchange'---Defendants contested suit and denied averments of the plaintiff---Trial Court dismissed suit of the plaintiff---Appellate Court on appeal also dismissed the same---Validity---One property was urban property and the other one was agricultural---Record revealed that both parties had. exchanged possession of their said properties and were enjoying their respective possession from the date of attestation of mutation---Plaintiff had failed to produce any evidence showing that underlying agreement of 'exchange', mutation was to defeat right of pre-emption of the plaintiff---Plaintiff had not produced any witness from the locality where the urban property was situated showing value of the property exchanged; oral assertion was not sufficient to prove the said fact---In absence of proof that pre-empted transaction was sale, the question of Talb-i-Muwathibat had become secondary---Lower courts below had not committed any illegality or irregularity while passing two s---Petition was dismissed by High Court. Mian Muhammad v. Allah Ditta PLD 1993 Lah. 84; Ali Muhammad v. Muhammad Hayat and others 1982 SCMR 816; Mst. Fatima Bibi and 11 others v. Mst. Rahim Bibi and 3 others PLD 1999 Lah. 128 and Hyderabad Development Authority v. Abdul Majeed and others PLD 2002 SC 84 ref. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Talb-i-Muwathibat---Role in pre-emption suit-Scope-In a suit for pre-emption talbs under S.13 of the Punjab Pre-emption Act, 1991 had to play the main role and out of talbs, Talb-i-Muwathibat if not proved then the entire suit failed. (c) Civil Procedure Code (V of 1908)--- ----O.XX, R.5---Punjab Pre-emption Act (IX of 1991), S.13---Court to give its decision on each issue---Contention of the plaintiff was that finding of the Appellate Court on one of the issues was without any reason as the said court had not discussed the evidence placed on…

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