Law:

Section:

(a) Civil Procedure Code (V of 1908)------O. V. R. 10-A---Punjab Pre-emption Act (IX of 1991), Ss.6 & 13--­Suit for pre-emption ---Service of defendant through registered post--­Registered post would be presumed to have been received by defendant if his address on envelop was correct. (b) Punjab Pre-emption Act (IX of 1991)--- ----Ss. 6 & 13---Civil Procedure Code (V of 1908), O.V, R. 10-A --- Suit for pre-emption---Making of Talbs---Defendant had not denied his address on which notice was sent to him by plaintiff to establish Talb-e-­Ishhad---Trial Court as well as Appellate Court, in circumstances, had misread documentary as well as oral evidence produced by plaintiff to establish Talb-e-Muwathibat and Talb-e-Ishhad--- Concurrent findings of fact of Courts being result of complete misreading of evidence, same were set aside in revision by High Court and suit for possession through pre-emption filed by plaintiff having superior right of pre-emption, was decreed. Muhammad Ajaib and another v. Muhammad Afzal and 2 others 1998 SCMR 2396 and Pir Walayat Shah v. Muhammad Shafi and another 1968 SCMR 1304 ref. Kh. Abdul Hameed Butt for Petitioner. Muhammad Hussain Awan and Raja Shafqat Khan Abbasi for Respondents. Date of hearing: 4th March, 2002. JUDGMENT This revision petition is directed against the order dated 3-5-2000 passed by Additional District Judge, Jaranwala, District Faisalabad dismissing the appeal of the petitioner-plaintiff J1mar Khan filed against `he judgment and decree dated 31-7-1997 of the Civil Judge, Jaranwala whereby the suit of the plaintiff-petitioner Umar Khan against Abdul Ghaffar was dismissed. 2. Faizullah Khan was the owner of suit-land measuring 100 Kanals, 12 Marlas, which he sold to Abdul Ghaffar Khan, defendant­ respondent for consideration of Rs.3,42,000. In order to defeat the right, of pre-emption of Umar Khan petitioner this transaction was given the colour of exchange. Faizullah Khan sold the land to Abdul Waheed Khan, nephew, son-in-law of respondent Abdul Ghaffar Khan vide Mutation No.36, dated 20-5-1993. It is alleged that vendor Faizullah got the land in exchange vide Mutation No.35 dated 20-5-1993 and transferred…

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