Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)-- ----S. 13---Enforcement of right of pre-emption---Essentials---Observance of necessary Talbs for enforcement of right of pre-emption is a necessary concomitant and is also fundamental rule in Islamic Law pertaining to pre­emption---Unless preliminary forms prescribed by Islamic Law regarding three Talbs viz. Talb-i-Muwathibat, Talb-i-Ishhad . and Talb-e-Khusumat are performed in prescribed manner, right of pre-emption, is extinguished ---Talb­i-Muwathibat is required to be made immediately in the sitting or meeting in which person claiming pre-emption comes to know of the sale---Evidence about knowledge of sale by plaintiff was infrn, and shaky, therefore, he failed to discharge burden of proof that lay upon him---Performance of second Talb i.e. Talb-i-Ishhad was also not satisfactorily proved in accordance with requirement of S.13(3), Punjab Pre-emption Act, 1991---Plaintiff's right of pre­emption was extinguished in circumstances. Stroud's Judicial Dictionary 4th Edn., p.195; Mir Sahib Khan v. Muhammad Rauf Khan 1992 SCMR 1780; Zafar Ali v. Zainul Abidin and another 1992. SCMR 1886 and Ghulam Jilani v. Ghulam Muhammad 1991 SCMR 2001 ref. (b) Punjab Pre-emption Act (IX of 1991)-- ----(. 13---Civil Procedure Code (V of 1908), S.100---Concurrent findings of fact on non-fulfilment of Talb-i-Muwathibat and Talb-i-Ishhad by plaintiff--­Such findings were neither infirm nor incorrect---Neither fallacy in the appreciation of record nor misappreciation thereof, was pointed out--­Concurrent finding on question of fact as to the observance of necessary Talbs by plaintiff was not open to any exception for being set aside in second appeal---Concurrent finding of Courts below was maintained in circumstances. JUDGMENT Second civil appeal from concurrent judgment of learned Additional District Judge, Faisalabad dated 25-1-1994 arose out of a suit instituted by the appellant to pre-empt sale of land measuring 14 Kanals, 3 Marlas situated in Chak No.102/RB of Tehsil Jaranwala in District Faisalabad by Ismail son of Muhammad Sharif to Ashiq Ali respondent on 9-9-1991. Pre-emption suit was dismissed on 13-2-1993, and, appeal from…

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