Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Art. 2(1)(c)---Evidence in civil matters---Rule of preponderance would prevail. Mst. Zainab v. Majeed Ali and another 1993 SCMR 356 and Muhammad Luqman v. Bashir Ahmad PLD 1994 Kar. 492 fol. (b) Civil Procedure Code (V of 1908)--- ----O.XLI, R.33---Duty of Appellate Court---To decide controversy between parties after applying its judicial mind. Mollah Ejahar Ali v. Government of East Pakistan and others PLD 1970 SC 173 fol. (c) Civil Procedure Code (V of 1908)--- ----O.XLI, R.22---Without filing cross-objection, respondent could support . (d) Punjab Pre-emption Act (IX of 1991)--- ----Ss.5, 13 & 30---Pre-emption suit---Sale through registered deed--­Talbs---Proof---Dismissal of suit by Trial Court and Appellate Court--­Validity---Evidence as to date of knowledge of sale was contradictory to averments of plaint---Plaintiff's plea was that he .had sent written notice to defendant through registered post, but instead of original copy of notice, he had placed- on record its photo copy, which was not admissible in evidence---Plaintiff could not prove Talbs within prescribed period from date of knowledge in terms of mandatory provisions of S.13 of Punjab Pre-emption Act, 1991---Plaintiff had failed to prove Talb-i-Mowasibat on the basis of evidence on record, which was a condition precedent to file pre-emption suit--­Factum of making Talb-i-Mowasibat was primarily a question of fact, which had been concurrently found against plaintiff---No misreading of evidence by Courts below or jurisdictional defect in impugned s had been pointed out---High Court dismissed revision petition. (e) Registration Act (XVI of 1908)--- ----Ss. 47---Punjab Pre-emption-Act (IX of 1991), S.30(a)---Sale effected through registered deed---Effect---Such deed would be a notice qua sale transaction to the whole world---Such presumption was rebuttable, but rebuttal must be based on strong evidence. (f) Punjab Pre-emption Act (IX of 1991)--- ----Ss. 5 & 30---Pre-emption suit---Limitation---Where sale transaction was kept in dark, then suit would be within time from date of knowledge. (g) Civil Procedure Code (V of 1908)--- ----S. 115---Concurrent…

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