Law:

Section:

Islamic law-------Pre-emption---Suit for pre-emption---Making of Talbs---Plaintiff claimed that he had made Talbs/demands, but defendants denied and disputed the claim of plaintiff---Issues were framed and evidence adduced---Trial Court and Appellate Court concurrently found that plaintiff had failed to establish Talb-i-Ishhad which was essential for availing right of pre-emption---High Court having dismissed revision against concurrent of Courts below, plaintiff had sought leave to appeal---High Court had elaborately dealt with evidence adduced by plaintiff in support of his claim and after referring to the provisions of law relating to demands for pre-emption, affirmed findings of Courts below that plaintiff had utterly failed to' prove second demand/Talb-i-Ishhad for lack of reference to first demand/Talb---Plaintiff had failed to show from the record any misreading or non-reading of material evidence---Findings of fact recorded by Courts below did not suffer from any inherent legal defect or error of jurisdiction, no ground was made out for interference by Supreme Court---Petition for leave to appeal was dismissed---Constitution of Pakistan (1973), Art.185(3). Muhammad Usman v. Rehmatullah 1985 CLC 420 ref: Ghulam Qadir Jatoi, Advocate-on-Record/Advocate Supreme Court for Petitioner. Muhammad Muzaffar-ul-Haq, Advocate Supreme Court for Respondent No.1. Nemo for Respondent No.2. Date of hearing: 25th January, 2005. JUDGMENT RANA BHAGWANDAS, J.------Petitioner seeks leave to appeal against Sindh High Court, Larkana Circuit Court judgment, dated 28-1-2003 dismissing Civil Revision No.40 of 1998 arising out of a suit for pre-emption filed by the petitioner against the respondents. 2. Petitioner filed a suit for pre-emption in respect of the suit-land sold by respondent No.2 in favour of respondent No.1. The right of pre-emption was asserted on the ground of being co-sharer in the land. Petitioner asserted the demands, pre-requisite for establishing his right to pre-emption, which were denied and disputed by the respondents in their respective written statements. Issues were framed and evidence was adduced. At the conclusion of the trial, learned Civil Judge,…

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