Law: Code Of Civil Procedure, 1908.

Section: 115

Law: Punjab Pre-emption Act, 1991

Section: 13(3)

Law: Qanun-e-Shahadat Order, 1984

Section: 71

 Summary

The High Court dismissed the civil revision and upheld the judgment of the learned Additional District Judge, Gujar Khan, whereby the suit for possession through pre-emption was dismissed. The Court held that the applicant failed to prove the essential requirements of Talb-i-Muwathibat and Talb-i-Ishhad as mandated under the Punjab Pre-emption Act, 1991. The alleged source of information regarding the sale was not proved through direct evidence, rendering the entire chain of information incomplete and hearsay. The applicant also failed to specify the exact place where Talb-i-Muwathibat was performed, which was held to be fatal. Furthermore, service of notice of Talb-i-Ishhad was not proved, as the relevant postman who allegedly delivered the notice was not produced. The appellate court’s findings were based on proper appraisal of evidence and did not suffer from any illegality or material irregularity warranting interference under Section 115 C.P.C.

Tag Line 

“Failure to prove the complete chain of source of information regarding sale and non-proof of service of notice of Talb-i-Ishhad defeats the right of pre-emption; findings of the first appellate court ordinarily prevail in revisional jurisdiction.”

ORDER;