Law: Qanun-e-Shahadat (10 of 1984)

Section: 129G

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129G

Law: Punjab Pre-emption Act, 1991

Section: 13,14

Punjab Pre-emption Act (IX of 1991)-------S. 13---Suit for pre-emption---Making of Talbs---Plaintiff claimed that he had superior right of pre-emption qua the vendee/defendant in his capacity as co-sharer, on the basis of contiguity of the land and the common passage---Defendants in their written statement denied the superior right of pre-emption and so also fulfilment of talbs by the plaintiff---Suit filed by the plaintiff was dismissed mainly for the reason that the plaintiff did not appear before the Trial Court as his own witness; and had failed to fulfil the requirements of Talb-e-Muwathibat and Talb-e-Ishhad---Appeal by the plaintiff against of the Trial Court had been dismissed---Validity---Plaintiff did not appear in the court to prove the fact that he came to know about the sale transaction on a particular date, time and place and that he made an immediate demand i.e. Talb-e-Muwathibat---Non-appearance of plaintiff before the court to prove said facts was fatal to his suit---When there were certain facts and circumstances in the knowledge of a party, an adverse inference could be drawn from its non-appearance---Plaintiff could not give cogent and plausible reasons for his failure to appear in the court to prove the fact of making the talbs and his superior right of pre-emption---Witnesses of plaintiff did not say that the plaintiff was sick or he was unable to appear before the court for making his statement---Plaintiff who did not enter the witness box, neither could prove that he made Talb-e-Muwathibat nor he had any superior right qua the suit-land, his suit was rightly dismissed by the courts below. Muhammad Hafeez v Muhammad Hanif Khan and another 1991 MLD 1576 and Abdul Qayum v. Muhammad Sadiq (2007 SCMR 957 rel. ORDER ABDUL WAHEED KHAN, J.--- The petitioner filed a suit for possession through pre-emption against the sale of land measuring 59 Kanals, 18 Marlas situated in Village Dhangana, Tehsil Mankera District Bhakkar through Mutation No.6001 dated 12-6-2007 for a consideration of Rs.80,000/-, as according to him, he had superior right of pre-emption qua the vendee/respondent in his capacity as co-sharer on the basis of contiguity of the land…

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