Law:

Section:

Punjab Pre-emption Act (I of 1913)-------Ss: 6 & 13---Civil Procedure Code (V of 1908), S. 115---Pre-emption suit--­Plaintiff could not prove that he had made Talb7i-Muwathibat and Talb-i­-Ishhad before filing of pre-emption suit---Trial Court dismissed plaintiff's suit on such account---Order of dismissal of suit was maintained by Appellate Court---Validity---Findings of two Courts below to the extent that plaintiff had failed to prove that he had made Talb-i-Muwathibat and Talb-i-Ishhad before filing of pre-emption suit were unexceptionable---Plaintiff had not acquired any actionable enforceable superior pre-emptive right due to his failure to make Talb-i-Muwathibat and Talb-i-Ishhad in accord with Injunctions of Islam and having acquired no cause of action, decree for pre-emption could not be passed in his favour. Haji Rana Muhammad Shabbir Ahmad Khan v. Government of Punjab Province, Lahore PLD 1994 SC 1; Zafar Ullah Khan and others v. Muhammad Khan and others 1993 SCMR 696; Rozi Khan v. Karim Shah 1992 SCMR 445; War Ali v. Zainul Abidin and others 1992 SCMR 1886 and Ghulam Qadir v. Nawab Din PLD 1988 SC 701 rel. JUDGMENT Muhammad Din petitioner filed a suit against Khalid Masood Ahmad Khan and another who are respondents before this Court for possession through pre-emption regarding the oral sale .of land measuring 9 Kanals, 3 Marlas situate in the revenue estate of Pattoke Kohna, Tehsil Chunian, District Kasur, which sale took place on 30-3-1988, on the basis of his qualification of being real brother of the vendor and co-sharer in the Khata. The demand for sale/transfer of land in his favour as shown to have been made in the manner as described in paragraphs Nos. 2 and 6 of the plaint which are reproduced as under:-- This suit has been contested and dismissed by the learned trial Court vide judgment and decree dated 31-3-1991 on the ground that the plaintiff has failed to prove avoidance of Zarar and existence of Zaroorat and also making of Talb-i-Muwathibat, Talb-i-Ishhad and Talb-i-Khasumat and further on the ground that the suit is barred by limitation. Aggrieved of this judgment and decree, the petitioner filed regular first appeal which has been…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492