Law: Punjab Pre-emption Act, 1991

Section: 13

Punjab Pre-emption Act (IX of 1991)--- ----S.13---Pre-emption suit---Talb-e-Muwathibat and Talb-e-Ishhad, performance of---Time and place of knowledge of suit sale not mentioned in plaint and notice of Talb-e-Ishhad---Validity---Plaintiff was bound to plead and prove date, time and place of knowledge of suit sale and then making of Talb-e-Ishhad without loss of time in same sitting/majlis in presence of witnesses---Plaintiff for making Talb-e-Ishhad was obliged to reiterate Talb-e-Muwathibat before making Talb-e-Ishhad---Plaint and the notice did not find mention all such primary necessities---Suit was dismissed in circumstances. Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs and others PLD 2007 SC 302; Mst. Bashiran Begum v. Nazar Hussain and another PLD 2008 SC 559; Ashfaq Zai and others v. M. Abdul Quddus Bihari and others 1992 SCMR 1109 and Mst. Surraya Begum and others v. Mst. Suban Begum and others 1992 SCMR 652 ref. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE:---.--- Through this civil revision, the petitioners have challenged the judgment and decree dated 24-11-2000 passed by the Addl: District Judge, Bahawalnagar, whereby the appeal filed by the respondent-plaintiff was accepted against the judgment and decree dated 8-7-1997 passed by the Civil Judge 1st Class, Bahawalnagar, whereby his suit for pre-emption was dismissed. 2. The facts as given by learned counsel for the parties are that one Nazir Hussain sold his 204-kanals 10-marlas land to Muhammad Hanif (petitioner No.1 defendant) through Mutation No.788 dated 14-12-1993. Muhammad Iftikhar Ahmad filed a suit to pre-empt the sale on 12-4-1994. Admittedly during the pendency of suit, Muhammad Hanif transferred 104-kanals land in favour of Muhammad Tufail and Bashir Ahmad (petitioners Nos.2 and 3) through Mutation No.791. They were made party as defendants Nos.2 and 3 in the suit. The suit was contested by the defendants. After framing the necessary issues, the trial court invited the parties to produce their evidence. Both the parties adduced their oral as well as documentary evidence in support of their contentions. After close of trial and hearing the arguments of parties,…

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