Law:

Section:

Punjab Pre-emption Act (IX of 1991)-------S. 13---Qanun-e-Shahadat (10 of 1984), Art.76---Suit for pre­emption---Performance of Talbs---Proof---Plaintiff stated that she came to know about sale of suit-land at "Digar Waila" but said time did not correlate to the one mentioned in plaint, similarly the date of notice of Talb-i-Ishhad described during cross-examination was also different---Performance of Talb-i-Ishhad was proved by two witnesses but none of them was confronted with the original notice of Talb-i-Ishhad and instead photostat copy was tendered in evidence---Such a private document had to be proved by producing its original and photostat copy was not admissible in evidence---Without bringing on record, original documents and without seeking permission for secondary evidence, notice of Talb-i-Ishhad would not be considered to have been proved, in accordance with law---Defendant having denied the receipt of notice, it was the duty of plaintiff/pre-emptor to prove performance of Talbs which, in absence of proof, could not be presumed true on account of non-raising of objection by defendant to admissibility of photostat copy of notice of Talb-­i-Ishhad---Neither any postal receipt regarding dispatch of notice was tendered in evidence nor the postman who distributed the notice in question was examined---In the absence of any such evidence, it could not be held that plaintiff had discharged her obligations according to the provisions of S.13 of Punjab Pre-emption Act, 1991---Courts below having not committed any illegality/irregularity amenable to revisional jurisdiction of High Court, petition was dismissed. Mst. Amir v. Soini 1997 MLD 2376; Muhammad Rafique v. Ghulam Murtaza 1998 MLD 292; Fateh Muhammad and 2 others v. Gulsher 2000 CLC 409; Hadayat Ullah and others v. Jan Alam and others 2003 MLD 625 and Ghulam Abbas v. Manzoor Ahmad and another PLD 2004 Lah. 125 ref. Ch. M.S. Shad for petitioner. Ch. Pervaiz Ashraf and M. Zaman Chaudhry for Respondent. ORDER MUHAMMAD MUZAMMAL KHAN, J.---Instant civil revision assailed the judgments/decrees dated 22-7-2002 and 28-10-2004 passed by the learned Civil Judge and the learned Additional District Judge, Kharian…

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