Law:

Section:

Punjab Pre-emption Act, 1991-- ----S. 13--Civil Procedure Code, (V of 1908)--S. 115--Civil revision--Performance of talb-e-muwathibat and talb-e-ishhad--Concurrent findings being shafi shareek, shafi khaleet and shafi jar brought a suit for possession through preemption in Civil Court--Actual sale price of disputed property was fixed as Rs. 25,000/- wherein amount of mortgage was also included, but to defeat the right of pre-emption of plaintiff ostensible sale price of Rs. 26,000/- was shown--No illegality or irregularity in the s of Courts below which were based on best appraisal of evidence--Concurrent findings of Courts below with regard to performance of talbs--Held: Performance of talb-e-muwathibat, which is basic ingredient to prove the performance of talb-e-muwathibat, date of issue of notice and performance of talb-e-ishhad in terms of S. 13 of Pre-emption Act was not proved--Unless there is jurisdictional defect in orders passed by Courts below, High Court cannot interfere in the concurrent findings in exercise of power u/S. 115, CPC--Civil revision was dismissed. PLD 2007 SC 302, 2007 SCMR 926, 2007 SCMR 270, PLD 2005 SC 418 & 2003 SCMR 83, rel. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, JUSTICE---.--- Through this civil revision under Section 115, CPC, petitioner Muhammad Ishaq son of Munshi Khan, calls in question the judgments and decrees dated 10.11.2008 and 11.08.2009, respectively passed by Civil Judge, Chichawatni, District Sahiwal, and Additional District Judge, Sahiwal. Through the former judgment dated 10.11.2008 the learned Civil Judge dismissed the suit of the petitioner filed for possession of the land in dispute through pre-emption, whereas through the latter judgment and decree dated 11.08.2009, appeal filed by the petitioner against the judgment and decree of the civil Judge dated 10.11.2008 was dismissed. 2. Brief facts of the case leading to the filing of this Civil Revision are that land measuring 03 kanals 04 Marlas, situated in Khewit No. 280, Khatuni No. 870, Khasra No. 26/15,2/2, in Chak No. 95/12-L, Chichawatni, District Sahiwal was jointly owned by Muhammad Iqbal, Muhammad Ishaq sons of Munshi Khan, and Muhammad…

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