Law: Punjab Pre-emption Act, 1991

Section: 13

Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Pre-emption suit---Making of Talbs---Proof---Non-mentioning of time, date, place and name of informer in plaint---Effect---Suit filed by pre-emptor was dismissed by Trial Court but Appellate Court partly decreed the suit in favour of pre-emptor to the extent of half share---Plea raised by vendee-was that pre-emptor failed to prove performance of Talbs in accordance with law --Validity---For succeeding and grant of decree in pre-emption suit, performance of Talbs as prescribed by S.13 of Punjab Pre-emption Act, 1991, was a mandatory requirement---If performance of Talbs were not made in accordance with law, even superior right claimed by pre-emptor stood extinguished---Pre-emptor failed to fulfil the requisite conditions of making Talb-i-Muwathibat and his mere assertion as to performance of Talbs and making of some improvements in evidence was not enough---Due to non-performance of Talbs, the superior right to pre-empt the suit-land, if any, stood extinguished in terms of S.13 of Punjab Pre-emption Act, 1991---Pre­emptor failed to lay proper foundation in pleadings about performance of Talbs, therefore, alleged superior right of pre-emption stood extinguished due to non-performance of Talbs in accordance with law---Judgment and decree passed by Appellate Court was set aside and suit was dismissed. Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. and others PLD 2007 SC 302; Haji Muhammad Saleem v. Khuda Bakhsh PLD 2003 SC 315; Fazal Subhan and 11 others v. Mst. Sahib Jamala and others PLD 2005 SC 977; Fazal Din through L.Rs. v. Muhammad Anayat through L.Rs. 2007 SCMR 1; Nawab Din through L.Rs. v. Faqir Said 2007 SCMR 401; Mst. Kharia Bibi v. Mst. Zakia Begum and 2 others 2007 SCMR 515; Mst. Lalan Bibi and others v. Muhammad Khan and others 2007 SCMR 1193 and Abdul Rehman v. Haji Ghazan Khan 2007 SCMR 1491 rel. JUDGMENT SYED ZAHID HUSSAIN, J.---Muhammad Azam respondent had instituted suit to pre-empt the suit land 23-Kanals 5 Marlas purchased by Faiz Muhammad petitioner/defendant vide Mutation No.876 dated 28-5-1997. The suit was contested and was eventually dismissed by the trial Court vide judgment…

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