Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)--------S. 35(2)---Right of pre-eruption, exercise of---Interregnum---Sufficient for pre-emptor under S.35(2) of Punjab Pre-emption Act, 1991, to establish making of Talb-i-Ishhad in presence of two truthful witnesses. (b) Punjab Pre-emption Act (IX of 1991)----- ----S. 13---Pre-emption suit---Necessary Talbs (demands) making of--- Talb-i-Ishhad---Duty of witnesses of the notice of Talb-i-Ishhad---Non ­mentioning of details of making Talb in plaint---Offer of price to vendee by pre-emptor ---Both the Courts below had dismissed the suit and appeal respectively filed by pre-emptor on the ground that witnesses produced by the pre-emptor had failed to prove making of Talb-i-Ishhad--­Validity---Pre-emptor could prove making of necessary Talb through evidence and each and every detail of making such Talb need not to be given in the plaint---First Appellate Court had wrongly found that mere offer of price was not a sufficient prove of Talb-i-Ishhad---Judgment passed by the First Appellate Court suffered from non-reading of evidence and illegality in the regard that the witnesses of Talb-i-Ishhad had not alleged superior right of pre-emption of the pre-emptor ---It was not requirement of law that the witnesses of Talb-i-Ishhad had to allege superior right of pre-emption of the pre-emptor ---Such witnesses were merely witnesses of making of Talb by the pre-emptor to vendee ---High Court set aside the s and decrees passed by both the Courts below and remanded the case to the Trial Court for decision afresh. Haji Rana Muhammad Shabbir Ahmad Khan v. Government of Punjab Province, Lahore PLD 1994 SC 1; Bashir Ahmad v. Nazir Ahmad Khan 2000 SCMR 1850; Bashiran Bibi v. Muhammad Kashif and others PLD 1995 Lah. 200; Muhammad Usman and another v. Khushi Muhammad and 2 others 2001 YLR 2908 and Nadir Khan v. Itebar Khan 2001 SCMR 539 ref. Muhammad Iqbal Mohal for Petitioner. Ahmad Waheed Khan for Respondent. Date of hearing: 15th May, 2002. JUDGMENT This second appeal is directed against the judgment and decree, dated 21-4-1996 passed by the learned District Judge, Sialkot, whereby the petitioner/plaintiff's appeal against the judgment and…

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