Law:

Section:

Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Pre-emption, right of---Talbs---Time, place and date had been mentioned in the plaint---Sale, in the present case, having admittedly taken place on 12-10-2000 and notice having been proved to be issued on 14-10-2000, question/dispute as to whether second Talb had been made within the statutory period or not would not, arise at all. JUDGMENT MAULVI ANWARUL HAQ, J.---Vide registered sale-deed dated 12-10-2000 the respondent purchased the suit-land' for a consideration of Rs.5,00,000. On 4-11-2000 the petitioner filed a suit for possession by pre-emption. According to him, the land was, in fact, sold for Rs.3,00,000. He claimed to be a Shafi-e-Sharik, Khalit and Jar. Performance of Talbs was pleaded. The respondent filed a written statement. He insisted that he had paid Rs.5,00,000 in good faith for the land and also claimed incidental charges of Rs.35,000. The other allegations were denied. Following issues were framed by the learned trial Court:-- (1) Whether the consideration was paid Rs.5,00,000 in good faith? OPD (2) Whether the defendant is entitled to get the Rs.35,000 as registration fee the suit of the plaintiff is decreed? OPD (3) Whether the plaintiff has superior right of pre-emption being Shafi-e-Sharik Shaf-e-Jar and Shafi-e-Khalit? OPP (4) Whether the plaintiff has fulfilled the conditions of Talbs? OPP (5) Whether the actual consideration was paid Rs.300,000 and ostensible sale price was mentioned Rs.500,000 therefore, what is the market value of the suit property at the time of sale? OPP (6) Whether the plaintiff is entitled to get the decree for possession through pre-emption as prayed for? OPP (7) Relief. Evidence of the parties was recorded. The learned trial Court decreed the suit on 9-6-2003 subject to deposit of Rs.5,00,000 as consideration and Rs.25,000 as incidental charges. A first appeal filed by the respondent was allowed by a learned ADJ, Mandi Baha-ud-Din, on 22-4-2004. The findings on issue No.3, the fixation of price were up-held but the findings on issue No.4 pertaining to Talbs were set aside. Resultantly, the suit was dismissed. 2. Learned counsel for the appellant contends that…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492