Law:

Section:

Punjab Pre-emption Act (IX of 1991)-------Ss. 6, 13 & 35(2)---Suit for pre-emption---Making of Talbs---One of the witnesses produced by plaintiff in his statement had mentioned that other people were also present at the time when Talb-i-Ishhad was made by plaintiff, but said witness had not given the names of persons allegedly present there---Witness had also not mentioned about presence of second witness of plaintiff---No time, date and day after Talb-i-Ishhad had been given---Witness produced by plaintiff had stated that Talb-i-Ishhad was made one month and four days after sale, whereas his statement was busted by the statement of pre-emptor himself when he in cross-examination stated that he learnt about sale after 4/5 days thereof and made Talb-i-Ishhad, the same day---Said two statements were so contradictory that those could not sustain and co-exist---Second witness. of pre-emptor was totally ignorant about Talb-i-Ishhad --Appellate Court, in circumstances had rightly accepted appeal of defendants---Decree of Appellate Court not suffering from any vice or infirmity of misreading and non-reading of evidence and not being contrary to any law, could not be interfered with in second appeal. Haji Rana Muhammad Shabbir Ahmad Khan v. Government of Punjab, Province, Lahore PLD 1994 SC 1 ref. Malik Zafar Iqbal Awan for Appellant. C.M. Sarwar for Respondents. Date of hearing: 24th May, 2005. JUDGMENT MIAN SAQIB NISAR, J.---The appellant is the pre-emptor, who challenged sale dated 16-9-1989 made in favour of the respondent regarding the land measuring 167 Kanals and 1/2 Marla. The suit was filed on 5-11-1989 and in paragraph No.5 of the plaint, it is averred that Talb-e-Muwathibat was made as soon as the appellant learnt about the sale and thereafter, made Talb-e-Ishhad. However, no detailed particulars .about the Talbs have been given in the plaint. Anyhow, the respondents resisted the suit and joined issue on Talbs, i.e. No.7. The parties led their evidence and the learned Civil Judge by retraining his findings in favour of the appellant on all the issues including issue No.7, decreed the suit vide judgment and decree dated 23-1-1999. Against the above, the…

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