Law:

Section:

(a) Civil Procedure Code (V of 1908)---s----O.XLI, R.27---Production of additional evidence in Appellate Court could be allowed only in exceptional circumstances---Circumstances explained. The additional evidence can be allowed only in exceptional circumstances in a case in which the evidence required to be brought on record was essential for the just decision of the case and such evidence either was not available or was beyond the reach of the party concerned at the relevant time or if pertaining to the official record was not in his knowledge. Ghulam Jillani and 3 others v. Ghulam Muhammad and 7 others 1991 SCMR 2001 ref. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13(3)---Notice of Talb-i-Ishhad, service of---Presumption---Such notice should be sent by registered post---In absence of service of notice by registered post, no presumption of its service on basis of oral assertion could be raised---Photo copy of such notice, even if produced in evidence, would not be an evidence of service of notice. (c) Pre-emption--- ----Right of---Right of pre-emption is a feeble right, thus, its existence and enforcement must be strictly proved. (d) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Talbs, performance of---Fundamental requirement for enforcement of right of pre-emption---Pre-emptor must prove performance of Talbs through clear evidence---Without fulfilling requirement of Talb-i-Muwathibat and Talb-i-Ishhad in proper manner, right of pre-emption would be extinguished---Principles. The pre-emptor must prove the performance of Talbs through clear evidence, which is the fundamental requirement for enforcement of right of pre-emption under the Punjab Pre-emption Act, 1991, and also under Muslim Law of Pre-emption. The statutory law is based on the concept of Muslim Law of Pre-emption, according to which without fulfilling the requirement of Talbs namely Talb-i-Muwathibat and Talb-i-Ishhad in proper manner, right of pre-emption is extinguished and Talb¬i-Muwathibat must be made immediately on coming to know about the sale. Talb-i-Muwathibat is a first and immediate demand by the pre-emptor to make a proclamation and pronouncement of his intention to exercise…

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