Law:

Section:

Punjab Pre-emption Act (IX of 1991)-------Ss. 6 & 13---Suit for pre-emption ---Making of Talbs---Proof of---Trial Court in its well-reasoned and speaking , after discussing each and every witness and document produced by parties, had rightly come to conclusion that plaintiff had performed his Talb-e-Muwathibat as well as Talb-e-Ishhad according to law---Plaintiff had fully proved the attestation of notice by two truthful witnesses---Even if plaintiff had not stated in the plaint with specific reference to the date, time and place of making of Talb-e-Muwathibat and Talb-e-Ishhad, he could not be non-suited on such ground---Trial Court, in circumstances, had rightly decreed the suit and Appellate Court was not justified to set aside and decree passed by Trial Court holding that plaintiff had not stated in plaint with specific reference to date, time and place of making declaration with regard to Talbs---Judgment of Appellate Court below passed contrary to law as declared by Supreme Court, was not sustainable in law and was set aside in circumstances. Abdul Qayum Khan v. Mussa Khan and 5 others 1995 CLC 729 and Altaf Hussain v. Abdul Hameed alias Abdul Majeed through Legal Heirs and another 2000 SCMR 314 and Haji Noor Muhammad v. Abdul Ghani and 2 other 2000 SCMR 329 ref. A. Karim Malik for Petitioner. Anwar Bhinder Chaudhary for Respondent. Date of hearing: 17th June, 2002. JUDGMENT Through the filing of the present revision petition, the petitioner/plaintiff has called in question judgment and decree, dated 30-1-1996, whereby the learned Additional District Judge accepted the respondent's appeal and suit filed by the petitioner was dismissed, while setting aside the judgment and decree dated 31-7-1994, passed by the learned Civil Judge, through which, he decreed the suit for possession by way of pre­emption, filed by the petitioner. 2. Brief facts, leading to the filing of the present petition are that one Sardar Muhammad (vendor) sold land measuring 69 Kanals, 5 Marlas (elaborately described in the plaint) favouring Ghulam Shabbir vendee/respondent through Sale Mutation No.89 dated 12-9-1991 in consideration of Rs.3,46,250. Fazal Muhammad the…

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