| Citation(s) |
|---|
| 1995 SLG 565 1995 SLD 565 1995 SCMR 299 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 771 L to 774 L of 1993, decision dated: 11-12-1994.
AJMAL MIAN AND MUHAMMAD MUNIR KHAN, JJ
Muhammad Rashid Chughtai, Advocate instructed by Ch. Mehdi Khan Mehtab, Advocate on-Record. Nemo
Civil Petitions for Leave to Appeal Nos. 771 L to 774 L of 1993, decision dated: 11-12-1994.
AJMAL MIAN AND MUHAMMAD MUNIR KHAN, JJ
Muhammad Rashid Chughtai, Advocate instructed by Ch. Mehdi Khan Mehtab, Advocate on-Record. Nemo
PERVAIZ ANJUM GHAURI and another
VS
ABDUL RAHIM and 3 others
Law:
Section:
Punjab Pre emption Act (IX of 1991) Ss. 34 (2) & 13 Constitution of Pakistan (1.973), Art. 185 (3) Dismissal of suit for pre emption for want of disclosure of Talbs in plaint Effect of provision of S. 34 (2), Punjab Pre emption Act, 1991 Provision of S. 34 .(2), Punjab Pre emption Act, 1991, would apply to those cases in which s and decrees had been passed before 31 7 1986 Suits having been filed in 1987, provision of S. 34 (2) of the Act would not be applicable Plaintiffs as such, were required to satisfy requirements of Talbs as envisaged in S. 13, Punjab Pre emption Act, 1.991 Plaintiffs had nowhere stated in their plaint that Talb i Ishhad was made in presence of two truthful witnesses nor had they stated that after coming to know of the fact of sale they had made Talb i Muwathibat, and thereafter, within two weeks from the date of knowledge had made Talb i Ishhad by sending notice in writing attested by two truthful witnesses, under registered cover to vendees, confirming their right of pre emption High Court had elaborately dealt with the contentions raised before it by plaintiffs and had rejected the same on good and cogent reasons Leave to appeal was refused in circumstances. JUDGMENT MUHAMMAD MUNIR KHAN, J. These four petitions for leave to appeals (Nos. 771 L to 774 L/1993) which we propose to dispose of through this single judgment arise from the facts that on 23 5 1987, Pervaiz Anjum Ghauri and Abdul Munir Ghauri (petitioners) Filed four separate suits for possession by pre emption on the basis of co sharership in Khata and Yak Jaddi of the vendors, in respect of four independent transactions of sale of land by Abdul Hameed Ghauri and three others, in favour of Abdur Rahim and others (respondents) in the Court of Civil Judge, Kamali'a, District Toba Tek Singh. The suits were resisted by the respondents. The trial Court dismissed the suits on 13 12 1988. The appeals filed by the petitioners before the District Judge were dismissed on 5 3 1989. Revision petitions were filed in the Lahore High Court which were accepted on 13 12 1989 and the cases were remanded for disposal afresh. 2. The trial Court again dismissed the suits on 25 5 1991 on the…
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