Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)-------S. 13---Talb-i-Muwathibat, making of ---Procedure---Pre-emptor has to establish the making of immediate demand (jumping demand) made in presence of people (witnesses) while he was sitting at any place. (b) Interpretation of statutes--- ---- Meaning of words in a statute, determination of---Principles---When a word is not defined in the relevant statute/law, help has to be taken from the dictionary. (c) Words and phrases--- ----"Deta" and "Haveli"---Difference---Words "Dera" and Haveli" are not distinguishable and denote dwelling, residence/house. Urdu Dictionary ﺖﺎﻐﻠﻟﺍﺯﻮﺭﻳﻔ by Al-Haj Maulvi Feroz-ud-din and Composite Dictionary ref. (d) Punjab Pre-emotion Act (IX of 1991)--- ----S. 13----Right of pre-emption, exercise of ---Talb-i-Muwathibat---­Concurrent findings of facts by the Courts below---Place where Talb-i-Muwathibat was made---Proof---Plea raised by vendee was that the pre-emptor had failed to prove the place of making such demand because some witnesses said it was made by the pre-emptor at Dera and some stated that it was made in Haveli---Validity---Dera and Haveli were not different places than house of pre-emptor---No material discrepancies existed in the statements of the witnesses of pre-emptor deposing different places regarding receipt of information by the pre-emptor about the disputed sale---Judgments and decrees passed by the two Courts below, in favour of the pre-emptor, were maintained by High Court. Abdul Hakim v. Habibullah 1997 SCMR 1139; Sh. Muhammad Bashir Ali v. Sufi Ghulam Mohyuddin 1996 SCMR 813: Abdul Qayyum v. Mushke Alam 2001 SCMR 798; Urdu Dictionary ﺖﺎﻐﻠﻟﺍﺯﻮﺭﻳﻔ by Al-Haj Maulvi Feroz-ud-din; Composite Dictionary and Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291 ref. (e) Evidence--- ---- Discrepancies in evidence---Scope---Discrepancies are natural variations which a human-bung makes in ordinary course of business as such the same if made in any way would not detract from the veracity of such evidence---Memory of each and every human being is not the same and such discrepancies should be ignored by the Courts below.…

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