Law:

Section:

Punjab Pre-emption Act (IX of 1991)--S. 13---Constitution of Pakistan (1973), Art. 199---Suit for pre­emption ---Making of "Talab-i-Muwathibat" and "Talb-e-Ishhad"---Trial Court as well as Appellate Court below concurrently found that pre-emptor had not made "Talb-i-Muwathiwat" and "Talb-e-Ishhad" in accordance with S. 13, Punjab Pre-emption Act, 1991 and due to that omission right of pre­emption vesting in pre-emptor, stood extinguished---Such concurrent findings of Courts below which were upheld by High Court being based on record, could not be interfered with by Supreme Court. ORDER MUHAMMAD BASHIR JEHANGIRI, J.---This petition for leave to appeal has called in question the dismissal of Civil Revision No. 2461 of 1996 upholding the order of non-suiting the pre-emptor-petitioner on the ground of having not made "Talabs' in accordance with law passed by the trial Court and had been duly affirmed by the first appellant Court. 2. The learned trial Judge found on issue No. 5 which covered the plea that the requirements of "Talabs' as envisaged by section 13 of the Punjab Pre-emption Act (IX of 1991) had not been fulfilled. In this context, the trial Judge held that the pre-emrtor/petitioner had the knowledge of the sale of the land in dispute on 12-4-1989 when he had filed the earlier plaint claiming a perpetual injunction qua the sale in dispute against the respondents and that the averment in the suit for pre-emption that he got the knowledge of the sale on 19-1-1990 was not well-founded. The pre-emptor-petitioner was, thus, non/suited by the trial Court. 3. The learned Additional District Judge, Kharian, who was seized of the appeal, filed by the pre-emptor-petitioner, maintained the afore-noted findings and observed as under:-- "The sale sought to be pre-empted is dated 20-2-1989, whereas the original suit was instituted on 25-1-1990 i.e. about 10 months after the sale. It may be noted here that the appellant also instituted a suit for permanent injunction in respect of the impugned sale on 12-4-1989 i.e. within about two months of the impugned sale. Para. No. 2 of the said earlier suit has specifically mentioned the impugned sale which become a grouse for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492