| Citation(s) |
|---|
| 2010 SLG 2394 2010 SLD 2394 2010 CLC 1655 |
Lahore High Court
IJAZ-UL-AHSAN, J
Taki Ahmad Khan for Petitioners. Siddiq Ahmad Chaudhary for
Respondents
IJAZ-UL-AHSAN, J
Taki Ahmad Khan for Petitioners. Siddiq Ahmad Chaudhary for
Respondents
ASHIQ HUSSAIN and anothers
VS
JAN MUHAMMAD and 4 others
Law:
Section:
Punjab Pre-emption Act (IX of 1991)--- ---Ss. 6 & 13---Suit for pre-emption---Ingredients of valid Talbs---Both Trial and Appellate Courts dismissed the suit---Plaintiffs contended that courts below had erred in law by holding that the evidence produced by plaintiffs lacked details of time, place and meeting in which Talb-e-Muwathibat was pronounced---Validity---Plaint did not mention specifically the time or place of performance of Talb-e-Muwathibat in accordance with the provisions of S.13 of the Punjab Pre-emption Act, 1991 and plaintiffs had failed to prove Talb-e-Ishhad---Plaint, in circumstances, suffered from fatal defect insofar as it did not expressly disclose time, date and place at which the Talb-e-Muwathibat was performed---Entire superstructure designed to be built on the assertion that Talb-e-Muwathibat was validly performed dashed to the ground---Plaintiffs could not point out any misreading or non-reading of evidence by subordinate courts which did not commit any illegality or material irregularity---Petition, being without merits, was dismissed. Noor Khan v. Ghulam Qasim 2003 YLR 570 and Muhammad Ali v. Allah Bakhsh 2004 CLC 1949 ref. Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs and others PLD 2007 SC 302 fol. JUDGMENT IJAZ-UL-AHSAN, J.---The petitioners assail the concurrent judgments and decrees of the learned subordinate Courts dated 18-1-2002 and 21-8-2002, whereby the suit for possession through pre-emption filed by the petitioners was dismissed initially by the learned Civil Judge, Narowal and later by the learned Additional District Judge, Narowal. 2. Land measuring 41 Kanals 14 Marlas situated in the revenue estate of Gangore Tehsil and District Narowal was sold through registered sale-deed on 5-11-1995 for a consideration of Rs.3,360,000 in favour of the respondents. The petitioners allegedly came to know about the said sale on 28-2-1996 through Sultan Ali s/O Wazir Ali resident of Village Harpal. They allegedly pronounced Talb-e-Muwathibat in the same sitting. Subsequently, they dispatched notices of Talb-e-Ishhad through registered post AD on 29-2-1996 to the respondents. These were allegedly attested by Faqir…
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