Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)--- ----Ss. 6 & 13---Suit for pre-emption---Plaintiff had alleged in the plaint that he met the defendant at suit property and expressed his desire to exercise his right of pre-emption---Validity---Right of pre-emption would be extinguished if three talbs were not performed under S.13 of Punjab Pre-emption Act, 1991---Any delay in Talb-i-Muwathibat also termed as 'jumping demand' despite knowledge of sale was ipso. facto fatal to the case---Possession of the property was immediately handed over to the defendant through registered sale-deed which constituted presumptive notice to public at large---Plaintiff was resident of the same village wherein the suit property was situated---Despite knowledge of the sale plaintiff did not perform Talb-e-Muwathibat which rendered subsequent talbs inconsequential---Plaintiff raised no objection to the exhibition of photo copy of the passport at trial or in appeal; such objection could not be raised at subsequent stages especially at revisional stage---Copies of the passport of the defendant had falsified plaintiff's claim that he met defendant to express his desire to purchase the property as such copies showed that defendant was not in Pakistan at the relevant time---Advertisement board for sale of the property remained displayed at suit property but plaintiff made no effort to buy the property---Defendant was not asked even a single question in cross-examination as to display of said board---Positive assertion of a witness would be deemed to have been admitted if such assertion was not contradicted/confronted in cross-examination---Subordinate courts appraised evidence correctly and did not commit any illegality or material irregularity---Appeal was, therefore, dismissed. (b) Punjab Pre-emption Act (IX of 1991) ----S. 13---Performance of three talbs---Right of pre-emption would be extinguished if three talbs were not performed under S.13 of the Punjab Pre-emption Act, 1991. (c) Punjab Pre-emption Act (IX of 1991)--- ----S. 13(1)(a)---Talb-e-Muwathibat---Significance---Delay---Any delay in Talb-e-Muwathibat also termed as 'jumping demand' despite knowledge of sale, rendered the…

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