Law:

Section:

Punjab Pre-emption Act (IX of 1991)---Ss. 6 & 13---Constitution of Pakistan (1973), Art.185(3).---Suit for pre-emption---Failure to make Talb-i-Ishhad---Suit was dismissed both by the Trial Court and Appellate Court on the ground that petitioner had failed to prove making of Talb-i-Ishhad---Concurrent s of both the Courts below were upheld by the High Court vide impugned passed in revision---Validity---No evidence was on record to prove sending of notice of Talb-i-Ishhad by the petitioner as required under S.13(3) of the Punjab Pre-emption Act, 1991---In absence of said notice, High Court and two Courts below had correctly held that petitioner had failed to prove Talb-i-Ishhad as per requirement of law---No misreading or non-reading of evidence or any legal or factual infirmity was pointed out with impugned of the High Court and of the two courts below---Concurrent findings of fact about non-sending of notice of Talb-i-Ishhad by petitioner as per requirement of law, which were upheld by the High Court, being unexceptionable, no interference was called for by the Supreme court---No case for grant of leave to appeal having been made out, petition was dismissed. JUDGMENT HAMID ALI MIRZA, J.--- This civil petition for leave to appeal is directed against judgment dated 16-4-2002 in Civil Revision No.472 of 2002 passed by learned Single Judge of the Lahore High Court, Lahore, whereby the said revision was dismissed maintaining the judgments dated 10-10-1997 and 4-12-2001 passed by Civil Judge 1st Class Bhalwal and Additional District Judge, Sargodha respectively, hence this petition for leave to appeal. 2. Brief facts of the case are that the petitioner/plaintiff filed suit for possession through pre-emption in respect of suit-land admeasuring 23 Kanals, 3 Marlas against the respondents/defendants on the ground of being co-sharer owner of adjacent land which suit was dismissed by learned Senior Civil Judge, Bhalwal holding that the petitioner/plaintiff has failed to prove Talb-i-Ishhad consequently his right of pre-emption has extinguished and on the said sole ground suit of the petitioner/ plaintiff was dismissed. The petitioner/plaintiff preferred Civil Appeal…

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