Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)---- ----S. 13---Constitution of Pakistan (1973), Art. 185(3)---Pre-emption suit--- Non-mentioning of particulars of Talb-i-Muwathibat in the plaint ---Effect--­Leave to appeal was granted to consider as to whether it was mandatory to give in the plaint of the suit for possession by pre-emption, the particulars and details of date, time and place of making Talb-i-Muwathibat and also to disclose names of witnesses ' in whose presence the Talb was made. (b) Punjab Pre-emption Act (IX of 1991)---- ----S. 13---Pre-emption suit---Non-mentioning of particulars of Talb-i-­Muwathibat in plaint---Plaintiff was non-suited by the Courts below for the reason that the particulars of the Talb were not mentioned in the plaint--­Validity---Plaintiff had specifically referred in the plaint to the two Talbs having been made---Plaintiff could not be non-suited merely on the ground that time and place of the Talb-i-Muwathibat and the names of the witnesses had not been specifically disclosed in the plaint---Plaintiff had referred to making of the Talbs in the plaint---Copy of notice of Talb-i-Ishhad as envisaged under S.13(3) of Punjab Pre-emption Act, 1990, had been produced in the evidence on which no cross-examination had been directed nor any objection had been raised by the defendant--Judgments and decrees of the Courts below were set aside---Suit of the plaintiff was decreed in circumstances. Sar Anjam v. Abdul Raziq -1999 SCMR 2167; Haji Noor Muhammad through his Legal Heirs v. Abdul Ghani and 2 others 2000 SCMR 329; Moti Lal Poddar v. Judhistir Das Teor and others AIR 1916 Cal. 658 and Abdul Maleque Laskar v. Begum Tayabunnessa and others PLD 1966 Dacca 217 rel. Khani Zaman v. Shah Hussain and others PLD 1998 SC 121 distinguished. JUDGMENT MUHAMMAD BASHIR JEHANGIRI, J. ---This appeal by leave of the Court, is directed against the judgment, dated 10-2-1999 passed by a learned Judge in Chambers of the Lahore High Court, Rawalpindi Bench, in Civil Revision No.21-D of -1999. 2. Briefly stated the factual background of the title appeal is that in a suit for possession by pre-emption of the disputed land sold by means of Mutation No.3512…

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