Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)-------S. 13---Suit for possession through pre-emption ---Non-payment of Talb-i­Muwathibat and Talb-i-Ishhad---Respondent got transferred land in his favour in exchange---Courts below decreed the suit in favour of petitioner on the ground that property was not pre-emptible the transaction being exchange and failure of petitioner to prove the essentials as required by S.13 of the Punjab Pre-emption Act, 1991---Courts below gave concurrent findings of fact and came to the conclusion that petitioner had failed to satisfy the conditions of Talbs as required by law and to prove the transaction to be a sale under disguise of exchange--­Courts below, held, neither committed any illegality nor their s suffered from any defect of misreading or non-reading of evidence in circumstances. ----S. 6---Pre-emption, right of---Transfer of property in exchange---Held, it was lawful and permissible to defeat the right of pre-emption by any legitimate means or device of exchangevf immovable property. Shafi Muhammad v. Muhammad Hazar Khan and 5 others 1996 SCMR 346; Gul Hussain Shah v. Mulazim Hussain Shah 1996 SCMR 294; Muhammad Sarwar v. Ashiq Ali PLD 1995 Lah. 133; Ch. Ghulam Ahmad Khan.v. Diwan Sheikh Ghulam Qutab-ud-Din and another PLD 1960 (W.P.) Lah. 461; Faqir Shah and others v. Khalo Khan and others PLD 1951 Pesh. 14; Ata Muhammad Khan v. Mst. Khanzadi 1976 SCMR 104; Khan Muhammad v. Sardar Amjad Farooq Khan, and others 1979 SCMR 285; Muhammad Irshad and 4 others v. Sardar Khan 1981 CLC 124; Ghulam Hussain through Legal Heirs v. Mst. Miraj Bibi 1995 MLD 435 and Sheikh Muhammad Bashir Ali and others v. Sufi Ghulam Mohi-ud-Din 1996 SCMR 813 ref. . ORDER This civil revision is directed against the judgments and decrees dated ,18-6-1995 and 7-4-1997 respectively passed by the learned Civil Judge 1st Class and the Additional District Judge, Kharian, District Gujiat, whereby the suit for possession through pre-emption and the appeal of the petitioner were dismissed. 2. By mutation No.3083 dated 16-12-1991, the respondent got transferred in his favour a land measuring 2 Kanals and 5 Marlas in exchange of his land which was purchased by him…

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