Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: 100,101

(a) Punjab Pre-emption Act (IX of 1991)-------Ss. 13 & 6---Pre-emption suit---Superior right of pre-emption--Performance of Talb-i-Muwathibat---Proof---Concurrent findings of Courts below based on appreciation of evidence---Plaintiff appeared through his attorney but presence of attorney at the time of Talb-i-Muwathibat was not proved on record ---Attorney did not state that informer had told plaintiff about the sale---Informer had not given any date of disclosure of sale in question---Superior right of pre-emption could not be established as Aks Shajrah placed on record did not show that land belonging to plaintiff was adjacent to the land sold---Plaintiff also failed to prove the existence of any common source of irrigation etc.---Punjab Pre-emption Act, 1991 did not cast a duty upon seller to inform the person who may be interested in pre-empting the sale hence argument that failure of defendant to inform the plaintiff of the sale had given the latter rights of pre-emption, had no force---Concurrent findings of Courts below that plaintiff had failed to prove Talb-i-Muwathibat, a sine qua non for the exercise of his right of pre-emption, was not contrary to law---No misreading or non-reading of evidence having been pointed out rather such concurrent findings, held, could not be interfered in second appeal. Abdul Malik v. Muhammad Latif 1999 SCMR 717; Muhammad Ilyas v. Ghulam Muhammad and another 1999 SCMR 958 and Haji Noor Muhammad v. Abdul Ghani and 2 others 2000 SCMR 329 ref. Akbar Khan alias Saleem Mehmood Chehi v. Government of the Punjab 1999 SCMR 2713 distinguished. (b) Civil Procedure Code (V of 1908)--- ---O. XLI, R.27 & S.100---Second appeal---Prayer for production of additional evidence refused---Validity---In absence of reason for non adducing that evidence before Trial Court and even at the first stage of appeal, a party to a litigation, cannot be allowed to fill up the lacuna of his case at the late stage i.e. in second appeal. Ch. Muhammad Asif Ranjha for Appellant. Rafique Javed Butt for Respondent. Date of hearing: 4th September, 2006. JUDGMENT MIAN SAQIB NISAR, J.--- The appellant is the pre-emptor plaintiff, who has failed in his…

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