Law:

Section:

Punjab Pre-emption Act (IX of 1991)-------Ss. 6 & 13---Suit for pre-emption---Making of Talbs---Plaintiff in pre-emption suit, had been non-suited by Trial Court and Appellate Court on the ground that he failed to prove making of Talbs---No date, on which plaintiff had learnt about sale of suit-land, had been specifically mentioned by plaintiff in his plaint, but he had vaguely stated that it was about two weeks before institution of the suit---Even witnesses produced by plaintiff had not stated to be two weeks before institution of suit as claimed by plaintiff---On account of such vague evidence, it could not be held that plaintiff had made a valid Talb, as no particulars had either been given in the plaint nor proved through evidence---Courts below, in circumstances, had rightly rejected claim of plaintiff, as the first Talb had not been proved---Both Courts below had come to the conclusion that defendant was residing abroad and no notice had been sent to him at his address there---In absence of any misreading and non-reading of evidence in that respect findings in that regard, could not be interfered with---Even otherwise, if second Talb, was held to be proved, it would have no reflection upon the final conclusion of two Courts below as Talb-e-Muwathibat had not been proved. Haji Qadar Gul v. Moembar Khan and another 1998 SCMR 2102 and Abdul Malik v. Muhammad Latif 1999 SCMR 717 ref. A.H. Masud for Petitioner. Muhammad Rafique Warriach for respondent. Date of hearing 20th March, 2006. JUDGMENT MIAN SAQIB NISAR, J.--- Both the petitions (Civil Revision No.411 of 1999 and Civil Revision No.412 of 1999), involve the common questions of law and facts, thus, are being decided together. 2. The petitioner, who is the plaintiff in a pre-emption cause in both the cases, has been non-suited by the learned trial Court on the issue of Talbs, which according to the Court, he has failed to prove. This remains to be the decision of the learned Court of appeal, when challenged by the petitioner. 3. Learned counsel for the petitioner contends that the findings of the Courts below are based upon misreading and non-reading of the evidence; the learned Court of appeal has…

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