Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Constitution of Pakistan (1973), Art.185(3)---Right of pre­emption---Leave to appeal was granted by Supreme Court to consider; whether Courts including High Court had not derived correct inference from proved facts and conclusions so arrived suffered from gross illegality. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Right of pre-emption---Talb-e-Muwathibat---Delay---Non-­mentioning of source and venue of information regarding sale---Concurrent findings of fact by the Courts below---Sale in question took place on 28-12-1995, whereas Talb-i-Muwathibat was made on 23-2-1996 and two days later, notice of Talb-i-Ishhad was sent---Trial Court as well as Lower Appellate Court dismissed the suit and appeal respectively on the ground that pre-emptor did not perform required Talbs in accordance with law---Judgment and decrees passed by both the Courts were maintained by High Court---Validity---Was always obligatory for a pre-emptor that on coming to know about sale of property he should make Talb-i-Muwathibat, without any further loss of time---Plaint did not show source of information with regard to sale of property in question nor even venue where pre-emptor received such information was mentioned---Was also not averred by pre-emptor that he got information about sale of property in question through the witness who on 23-2-1996, allegedly visited his house in evening and in his presence he asserted his right of pre-emption as against the sale and after two days, he stated to have issued notice of Talb-i-Ishhad in presence of same witness, nor any explanation had been furnished by pre-emptor as to such omissions in plaint on his part---Reasons found favour with Trial Court, Lower Appellate Court and High Court having concurred with conclusions, same called for no interference by Supreme Court---No material piece of evidence germane to decision on the issue of making of Talbs appeared to have been misread, misconstrued or omitted from consideration---Appeal was dismissed. JUDGMENT RAJA FAYYAZ AHMAD, J.---This civil appeal has been directed against the order, dated 18-1-2000 passed by the learned single…

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