Law:

Section:

Punjab Pre-emption Act (IX of 1991)--- ----Ss. 6 & 13---Suit for pre-emption---Making of Talbs---Suit had concurrently been dismissed by the Trial Court and Appellate Court---Validity---No time was mentioned by the plaintiff in his plaint as to when he came to know about sale in question and place was also not specified where he had received information that suit land had been sold---Plea not raised in the pleadings could not be considered---Suit, in circumstances was rightly dismissed concurrently by the two courts below. 1998 CLC 1001; PLD 1972 Pesh. 146; 1987 SCMR 1206; 1994 SCMR 1238; 1988 SCMR 1583; PLD 2003 Lah. 544; 1982 CLC 717; PLD 1993 Lah. 7; PLD 2007 SC 302; 2008 SCMR 404 & 1682 and 2003 YLR 3013 ref. Ch. Abdul Hafeez for Petitioner. Ch. Pervaiz Iqbal Gondal for Respondent. Date of hearing: 22nd May, 2009. JUDGMENT SAIF-UR-REHMAN, J.---Briefly the facts constituting background of this controversy are that Bashir Ahmad petitioner along with Roshan-respondent No.2 filed suit for possession through pre-emption which was dismissed by learned Civil Judge, Mandi Baha ud Din on 29-9-2001 and appeal filed by the pre-emptors against the same was dismissed by the learned Additional District Judge, Mandi Baha ud Din on 7-8-2002. The fact relevant for deciding the fate of this revision petition on a short point is that in para. 4 of their plaint the pre-emptors contended that they gained knowledge of sale on 5-4-1993 who made Talab-e-Mawathibat by expressing their intention to pre-empt the same in that very meeting but time and place were not clarified in the plaint. 2. Learned counsel for the petitioner contended that pre-emptors were not required to give these details in the plaint. No such condition was mentioned in the pre-emption Act. The petitioner had never waived of his right of Pre-emption. There was no evidence on…