Law: Civil Procedure Code (V of 1908)

Section: 35A

Law: Civil Procedure Code (V of 1908)

Section: 35A

(a) Punjab Pre-emption Act (IX of 1991)-------Ss. 13-Suit for pre-emption---Nature of transaction, determination of---Plaintiff's case was that transaction in question, though given the colour of exchange, was in fact a sale---Suit was decreed but decree set aside in appeal---Validity---Respondent transferred his land to another respondent ostensibly in exchange for another land---Simultaneously with such transaction of exchange a sale-deed was executed by said other respondent in favour of his minor sons regarding the land allegedly given in exchange---Both exchange mutation and sale mutation were taken up and attested together---No explanation was on record for such conduct---Transaction of land by transferee respondent to another person, held, was a sale and not exchange. Syed Shahbaz Hassan v. Syed Muhammad Hussain and others 1977 SCMR 197 ref. (b) Punjab Pre-emption Act (IX of 1991)--- ---S. 13(3)---Talb-i-Ishhad---Notice not attested in the manner laid down by law---Effect---Pre-emptor in his cross-examination admitted that he obtained the thumb-impressions of witnesses on blank papers and thereafter notice was typed in absence of witnesses---Pre-emptor added that he did not at all know as to what was written in the notice---Allegation that pre-emptor went to house of vendee with consideration amount and vendee refused to accept same stood duly rebutted while testimony of pre-emptor itself established that no valid notice evidencing Talb-i-Ishhad was given---Making of Talb-i-Ishhad, held was not proved on record. Hafiz Khalil Ahmad for Petitioner. Saiful Malook for Respondents. Date of hearing: 30th October, 2006. JUDGMENT MAULVI ANWARUL HAQ, J.--- Vide Mutation No.1550 attested on 29-10-1991 the suit-land was acquired by respondent No.1 from respondent No.2, a brother of the petitioner. On 22-12-1991 the petitioner filed a suit for possession of the suit-land by pre-emption. According to him, he was a Shafi Sharik, Khalil and Jar. He further stated that a' fictitious transaction of exchange was got recorded vide Mutation No.1550 whereas the land was, in fact, sold by respondent No.2 to respondent No.1 for a consideration of Rs.50,000. It was further…

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