Law:

Section:

Punjab Pre-emption Act (IX of 1991)-------Ss. 6(c) & 13---Right of pre-emption, exercise of---Shafi Jar---Judgment at variance---Suit filed by pre-emptor was dismissed by Trial Court on the ground that neither he had any superior right of pre-emption nor he performed Talbs---Judgment and decree passed by Trial Court was set aside by Appellate Court and the suit was decreed in favour of pre-emptor---Validity---Revenue Record showed that the land owned by pre-emptor and the land purchased by vendee were adjacent to each other---Appellate Court correctly found that pre-emptor had superior right of pre-emption being Shafi Jar---Pre-emptor had duly pleaded date, time and place of making of first Talb and further he had stated the names of informer as well as the witnesses in the plaint itself---High Court did not find any ground for interference with the and decree passed by Appellate Court---Revision was dismissed in circumstances. Ateeq-ur-Rehman through his real father) and another v. Muhammad Amin PLD 2006 SC 309 distinguished. Hayat Muhammad and others v. Mazhar Hussain 2006 SCMR 1410 ref. Faiz Muhammad Bilal for Petitioners. Malik Ejaz Hussain Gorcha for Respondent. Date of hearing: 16th April, 2007. JUDGMENT MAULVI ANWARUL HAQ, J.--- Vide Mutation No.2220 attested on 20-4-2002, the petitioner purchased the suit-land mentioned in the plaint for a consideration of Rs.60,000. On 10-5-2002 the respondent tiled a suit for possession of the suit-land by pre-emption. According to him, the land had actually beets sold for a sum of Rs.20,000. He claimed to be "Shafi Sharik", "Khalit" and "Jaar". Performance of Talbs was pleaded in the plaint. The petitioners filed a written statement denying the said allegation and asserting that they have paid Rs.60,000 for the land. Issues were framed. Evidence of parties was recorded. The learned trial Court dismissed the suit vide judgment and decree, dated 3-5-2006. I may note here that it was found by the learned trial Court that neither the respondent has superior right of pre-emption nor he has performed "Talbs" First appeal filed by the respondent has been allowed by the learned District Judge, Bhakar on 6-12-2006, who…

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