Law:

Section:

Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Suit for pre-emption ---Delay in making Talb-i-Muwathibat--Effect---Plaintiffs, claiming superior right of pre-emption in respect of land in dispute, had not declared their intention to exercise their right of pre-emption in the same meeting in which they came to know about sale of land in dispute in favour of defendant/vendee, but had given out their intention on the next day--Plaintiffs having failed to make "Talb-e-Muwathibat" according to provision of S.13, Punjab Pre-emption Act, 1991 suit of plaintiffs wa's~ rightly dismissed by Trial Court. Zafar Ali v. Zainul Abidin and another 1992 SCMR 1886 and Akbar Khan v. Pehlwan 1996 MLD 1415 ref. JUDGMENT MALIK MUHAMMAD QAYYUM, J.---This is pre-emptor's first appeal from the judgment and decree of the trial Court dated 21-7-1998 dismissing their suit for possession through pre-emption against the respondents. 2. The dispute relates to 84 Kanals and 3 Marlas of land situated in Mauza Kot Pindidas Tehsil Ferozewala District Sheildiupura which was owned by Jamil Khan and others, who alienated the same in favour of respondents Nos. l and 2 in the ratio of 60 Kanals, 3 Marlas and 24 Kanals respectively for a sum of Rs.5 Lacs through a registered deed of sale. The suit was instituted on 8-11-1995 and it was claimed that~the pre-emptor-plaintiff had superior right of pre-emption as they were co-sharers in the land; they had common source of irrigation and were the owners of contiguous land. It was pleaded that.the appellant-plaintiff learnt of the sale on 4-11-1995 and immediately proclaimed their intention to pre-empt the sale whereafter the registered notices were also sent. 3. The suit was contested by the respondents on various pleas inter alia that ,the., appellants have waived their right of pre-emption; that no talbs as required by law have been made and that the appellants-pre-emptors do not possess superior right of pre-emption. On the pleadings of the parties learned Civil Judge framed the following issues:- (1) Whether the plaintiffs have got superior right of pre-emption? OPP (2) Whether the plaintiffs have waived their right of pre-emption? OPD (3) Whether…

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