Law:

Section:

Punjab Pre-emption Act (IX of 1991)--- ----Ss. 6 & 13---Suit for pre-emption---Making of Talbs---Suit of plaintiff had concurrently been dismissed by, the Trial Court and Appellate Court---Case of the plaintiff was that he had come to know about the sale on 16-6-1997 and he had made Talb-i-Muwathibat at once, but while appearing in the court as his own witness he stated that he came to know about the sale in question on 15-6-1997, when possession had been taken over by the defendants, which statement being mutually contradictory, was fatal---Contention of counsel for the plaintiff that said lapse occurred due to slip of tongue, was repelled---Said admission was extracted by the defendants through cross- examination---Said contradiction could not be taken as a minor discrepancy as same was material and substantial---Right of pre -emptian was a very weak right; if the law required to do a certain thing in a particular manner, it must have been done in accordance with the prescribed provisions of law---Punjab Pre-emption Act, 1991 required that Talb-i-Muwathibat should be made through a jumping demand; and within 15 days of the same Talb-i-Ishhad should be made---If a pre-emptor failed to make Talbs in accordance with the said requirements, his pre-emption right would be deemed to have been extinguished. Budhu v. Liaqat Hussain and 18 others 1986 SC 2958; Saheb Khan through Legal Heirs v. Muhammad Pannah PLD 1994 SC 162; Haji Din Muhammad v. Mst. Hajran Bibi and others PLD 2002 Pesh. 21 and Hayat Muhammad v. Mazhar Hussain 2006 SCMR 1410 ref. S. M. Tayyab for Petitioner. Ch. Riasat Ali for Respondent. Date of hearing 19th May, 2009. JUDGMENT SAIF-UR-REHMAN, J.---Petitioner filed a suit for possession through pre-emption which was resisted by the respondents and dismissed by the learned Civil Judge, Bhalwal on 9-12-1999. The appeal against the judgment and decree filed by the petitioner was dismissed by the learned Additional District Judge, Bhalwal on 29-3-2002. 2. The aforesaid judgments and decrees have been assailed through this revision. 3. Learned counsel for the…