Law:

Section:

Punjab Pre-emption Act (IX of 1991)---S. 13---Pre-emption suit---Talb-i-Muwathibat---Expression of such Talb and its communication to vendor not proved during trial---Effect---Expression of Talb was one of the essential elements to establish right of pre-emption---Suit was dismissed in circumstances. ORDER TASSADUQ HUSSAIN JILLANI, J.--- Petitioners seek leave to appeal against the judgment dated 23-6-2000 passed by a learned Judge of the Lahore High Court, Lahore vide which Civil Revision No.2966-D of 1996 filed by respondents/vendors (Lal Khan and Sattan) was allowed and suit for pre-emption filed by the petitioners was dismissed. 2. Facts in brief are that the land subject-matter of this petition measuring 36 Kanals, 11 Marlas was purchased by one Lal Khan through Mutation No.189, dated 31-3-1991 which was subsequently transferred in pursuance of a decreed dated 14-7-1991 to respondent No.7 Mst. Sattan. Petitioners along with his minor sons challenged the sale by way of pre-emption suit. Vide the judgment and decree dated 3-3-1993 the suit was decreed to the extent of 5/6th shares in favour of petitioners and to the extent of 1/6th share it was dismissed as respondent Mst. Sattan (the subsequent vendee) was found to be co-sharer. This judgment and decree was challenged in appeal, which was partly allowed and it was directed that the land shall be distributed in equal shares between the plaintiffs and Mst. Sattan (the subsequent vendee being co-sharer). The grounds which found favour with the learned appellate Court to modify the judgment and decree, were as under:-- "(8) I have gone through the record and find that the respondent Muhammad Mumtaz, while .appearing as P.W.3 did not state at all, if he himself had ever made the first demand i.e. Talb-i-Muwathibat. What he stated in his statement,' was the fact that when he came to know about the sale through Patwari, he immediately declared that it was the great loss to him, and that he required the property in suit as of necessity, and further that he then went to his house and talked to his sons about the sale of land, and that they then declared that it was the loss to them, and that they would pre-empt the…

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