Law: Punjab Pre-emption Act, 1913

Section: 15

Law: Punjab Pre-emption Act, 1991

Section: 13, 35

(i) Punjab Pre-emption Act, 1913 (I of 1913) -—S. 15-Punjab Pre-emption Act, 1991 (IX of 1991), Ss. 13 & 35- Constitution of Pakistan (1973), Arts. 203-D & 2-A-Revival of suits for pre-emption under S. 35 of Punjab Pre-emption Act 1991-Legality- Introduction of Art. 203-D in constitution and addition of Art. 2-A there to and so was the position on the date when the same were dismissed by trial Court on the ground that vendees being Mangla Dam oustees suits were not maintainable-Judgment of trial Court was affirmed upto the High Court and the same were not interfered with by the Supreme Court-Punjab Pre-emption Act, 1913 being in force at relevant time, making of talabs were not the requirement at that time-Such dead and buried suits, therefore, could not have been revived under S. 35 of Punjab Pre-emption Act, 1991.                                                           [P. 1306] A  (ii) Punjab Pre-emption Act, 1913 (I of 1913)-- —S. 15--Punjab Pre-emption Act, 1991 (IX of 1991), Ss. 13 & 35--Suits for pre-emption filed in 1975, stood dismissed upto the High Court-Supreme Court did not interfere in findings so recorded-Talabs were not pleaded in suits filed in 1975 and there was no occasion for making the same when Punjab Pre-emption Act, 1913 was in force-No attempt was made to amend pleadings-Only relevant averments in plaint were that defendants were called upon to admit right of pre-emption and deliver possession after taking price but they refused a week ago-Such usual contents of plaint in those day do not constitute pleadings pertaining to "talabs" in terms of Islamic Law as per law laid down by Supreme Court in PLD 1988 SC 701-Trial Court while decreeing suits on such basis failed to read evidence on record-First Appellate Court also followed suit and did not care to read evidence on record-Findings of Courts below decreeing…