Law:

Section:

Punjab Pre-emption Act (IX of 1991)-------S.13---Pre-emption suit---Talb-i-Muwathibat, performance of---Sale through mutation attested on 29-8-1996---Plaintiff's plea in plaint was that he made such Talb on 11-9-1996, when he was informed about sale by "A" at his house in evening (SHAM), where he in presence of "H" also made such Talb, whereafter all they went to Patwari for obtaining copy of mutation, which was delivered to plaintiff on following day; that all they went to defendant and made an unsuccessful request for transferring suit-land to plaintiff, resultantly notice of Talb-i-Ishhad was issued to defendant---Proof---Plaintiff during cross-examination mentioned 10/11 O'clock as time he visited house of "A", who stated that plaintiff visited his house after 12 o'clock---Witness "H" stated that plaintiff's visit was at 12½ O'clock, but during cross-examination stated that he could not remember exact time of plaintiff's visit---Validity---Evidence of such witnesses had been recorded 3-1/2 years after taking place of such an event---Such witnesses could not be expected to have noted exact time of plaintiff's visit or recorded same somewhere for preparation of testimony in Court---Times mentioned by plaintiff and his witnesses related to midday rather than midnight---Mention of word "Sham" in plaint would be considered a vague term as its timing might vary according to individual perception---Difference in timings given by such witnesses was natural and would be a factor in support of their truthfulness---Suit was decreed in circumstances. S.M. Masood, Senior Advocate Supreme Court for Appellant. Muhammad Farooq Qureshi Chishti, Advocate Supreme Court for Respondents. Date of hearing: 6th August, 2009. JUDGMENT NASIR-UL-MULK, J.--- This direct appeal has been filed by Abdul Latif, plaintiff/pre-emptor, against the judgment of the Lahore High Court in Civil Revision No.1776 of 2002 whereby the petition of the respondents, Dil Mir and others, vendees, was allowed, the judgment and decree of the Appellate Court was set aside and that of the trial Court dated 18-6-2001 restored, with the result that the pre-emption suit filed by the appellant was dismissed. 2.…

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