Law:

Section:

Punjab Pre-emption Act (IX of 1991)-------Ss. 6 & 13---Suit for pre-emption---Trial Court dismissed suit by returning findings on issue of waiver and also that plaintiff had failed to establish Talb-e-Ishhad---Appellate Court, however, reversed findings of Trial Court on both issues and decreed the suit---Defendant had contended that plaintiff through a document had categorically agreed and admitted that land would not be purchased by him and he would have no objection if it was sold to anyone including defendants/vendees---Trial Court dismissed the suit on basis of alleged document holding that plaintiff had waived his right of pre-emption---Appellate Court, held issue of. waiver against defendants/vendees on the ground that a person simply being a witness to a transaction or having knowledge, otherwise, if did not assert his right, would not be deemed to have waived his right of pre-emption---Notice of Talb-e-Ishhad was rightly sent on correct address of vendees and same was received by general attorney of vendees/defendant---Plaintiff, who was alleged to have executed disputed document appeared in Court as a witness, but he was not confronted with said document---Defendants/vendees could not prove said document on account of which it could be held that plaintiff had waived his right to file suit for pre-emption---Issuance of Talb-e-Ishhad had also been fully proved---Appellate Court, in circumstances, had rightly decreed suit setting aside and decree of Trial Court. 1988 CLC 1001 and PLD 1972 SC 133 ref. Syed Shamim Abbas Bokhari for Appellants. Ch. Nusrat Javed Bajwa for Respondents. Date of hearing: 14th January, 2005. JUDGMENT The appellants/vendees of the suit-land, have succeeded in the pre-emption action, initiated by the respondent/plaintiff against them, at the trial stage; however, they have failed in the Court of appeal, hence this appeal. 2. Briefly stated the facts of the case are, that the appellants through Sale Mutation No.32, dated 25-10-1992, purchased the suit-land measuring 42 Kanals and 2 Marlas situated in Chak No.374/JB, Tehsil and District Toba Tek Singh. The respondent/plaintiff on 21-11-1992 filed a suit for pre-emption claiming,…

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