Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)-------S. 13---Taib-i-Mowathibat ' in pre-emption suit ---Validity---Talb-I-­Mowathibat made by general attorney of plaintiff when such authority did not vest in him, was not valid. (b) Punjab Pre-emption Act IX of 1991)--- ----S. 13---Plaintiff's failure to refer to Talb-i-Mowathibat while invoking Talb­i-Ishhad---Effect---Express reference to Talb-i-Mowathibat would be necessary when second demand viz. Talb-i-Ishhad was made---Non-reference to Talb-I-­Mowathibat while invoking second Talb would be fatal to the claim of pre­emption. Muhammad Lokman Mondal v. Amir Ali Mondal and others PLD 1969 Dacca 64; Rujjub Ali Chopedar v. Chundi Churn Bhadra and others Mubarak Hussain v. Kaniz Bano and others Sadiq Ali v. Abdul Baqi Khan and another Nazir Ahmed and others v. Muhammad Sheir Ali and another PLR 5 Dacca 757; Anwar Ali v. Shah Nawaz and others PLD 1989 Kar. 246; Hussain Bux v. Mir Muhammad PLD 1985 Kar. 161; Rujjab Ali Chopedar v. Chundi Churn Bhadra and others ILR 17 Cal. 543; Mubarak Hussain v. Kaniz Bano and others ILR 27 All. 160; Sadiq Ali v. Abdul Baqi Khan and another ILR 45 All. 290; Abbasi Begum v. Afzal Hussian (1898) 20 All. 457; Jadal v. Abdul Majid PLD 1978 Kar. 732 and 1st Appeal No. 1 of 1980 rel. Syed Sardar Shah Bokhari for Petitioner. ORDER Brief facts leading to this petition are that the petitioner filed a suit for possession through pre-emption in respect of land in dispute purchased by the respondents vide Mutation No.918 dated 30-1-1991. It was averred in the plaint that the suit land was in fact sold for a consideration of Rs.25,000 and the sale amount was fictitiously entered in the mutation as Rs.1,20,000. The suit was resisted by the respondents wherein they denied all the averments in the plaint. It was further stated that the respondents had made improvements upon the suit property by spending Rs.2,00,000. The pleadings of the parties gave rise to the following issues: (1) Whether the ostensible sale price of Rs.1,20,000 was fixed in good faith or actually paid? If not, what was the market value of the suit-land at the time of its sale? O.P. Parties. (2) Whether the plaintiff has superior…

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