Law:

Section:

Punjab Pre-emption Act (IX of 1991)-------Ss. 6 & 13---Civil Procedure Code (V of 1909) , O. VII, R.11--­Constitution of Pakistan (1973), Art.199---Constitutional petition--­Suit for pre-emption ---Making of Talbs---Rejection of plaint--­Plaintiff on acquiring knowledge of sale of suit property made Talb-i-Mwasabit and after getting copies of relevant record issued notice to defendant under registered cover acknowledgment due, eight days after making Talb--i-Mwasabit---Defendant filed application under O.VII, R.11, C.P.C. for rejection of plaint alleging that notice was not issued by plaintiff immediately after making Talib-i-Mwasabit--­Trial Court rejected application. but Appellate court allowed the same in revision filed by defendant against order of Trial Court--­Notice of Talb-i-Ishhad under S.13(3) of Punjab re-emption Act, 1991, was to be sent as soon as possible after making Talb-I-­Mwasabit, but not later than two weeks from date - of the knowledge---Notice of Talb-i-Ishhad was not issued by plaintiff later than two weeks of making of first Talb and acquisition of knowledge of sale, as same was issued after eight days- Appellate Court, in circumstances had acted without lawful authority while rejecting plaint of plaintiff on application filed by defendant -Order rejecting plaint passed by Appellate Court below was set aside by High Court. Mir Sahib Khan v. Muhammad Rauf Khan 1992 SCMR 1780; Muhammad Gul v. Muhammad Afzal 1999 SCMR 724 and Sher Khan v. Baz Khan and others 1999 SCMR 2338 ref. Nemo for Petitioner. M. Sharif-I for Respondent No.1. Date of hearing: .13th June, 2002. JUDGMENT Vide a Mutation No.404 attested on 25-3-1997 the respondent No.1 purchased the suit-land. On 11-7-1997 the petitioner filed a suit for possession of the said land by pre-emption. According to para.3 of the plaint the petitioner acquired .knowledge of the sale on 25-6-1997 and made Talb-e-Mwasabit in the presence of persons mentioned in the said para. In para. .4 it was mentioned that 5/6 days thereafter the petitioner got the copies of the relevant records and issued a notice under registered cover acknowledgement due;, the respondent refused to receive the notice.…

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