Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)--- ----S.13---Demand of pre-emption ---Making of Talab-i-Muwathibat and Talab-i-Ishhad, was essential for enforcement of right of pre-emption. Said Kamal's case PLD 1986 SC 360 and Sundri Bai v. Ghulam Hussain 1982 CLC 2441 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction---Exercise of---Argument that law was not correctly laid down in case, could not be examined by High Court in exercise of revisional jurisdiction. JUDGMENT This revision petition arises out of a suit for possession through pre­emption filed by the petitioner on 2'-10-1980 in respect of the land measuring 64 Kanals situated in Talwandi Ralali, Tehsil and District Gujranwala. 2. The superior right of pre-emption was claimed on the ground of being co-sharer/sharer in common amenities and contiguity. The trial Court dismissed the suit on 20-7-1988 on the ground that plaintiff/petitioner had failed to assert and prove the requisite Talabs. The petitioner's appeal was dismissed by the learned Additional District Judge vide his judgment and decree dated 18-1-1993. 3. The petitioner's learned counsel has vehemently urged that the concept of Talab-i-Muwathibat (immediate declaration of intention to purchase the disputed property on learning about the sale transaction) is alien to the Injunctions of Holy Qur'an and Sunnah of the Holy Prophet. He submits that the concept of Talab-i-Muwathibat has been based on one tradition of the Holy Prophet quoted in Hidaya but actually no such Hadith or tradition of the Holy Prophet exists in any of the recognized books of Ahadith. He next submits that in Said Kamal's case (PLD 1986 SC 360)' reference has been made at page. 458 to two traditions Nos. 14405 and 14406 but the same are actually not the traditions of the Holy Prophet but views of some jurist. He~clarifies that in para 14406 (wrongly mentioned as Hadith) in Said…

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