Law:

Section:

Punjab Pre-emption Act (IX of 1991)----S. 13(3)---Constitution of Pakistan (1973), Art.185(3)---Pre¬emption suit---Talb-e-Ishhad, making of---Time limit---Sale was made on 17-5-1994---Pre-emptor came to know about sale on 11-9-1994 and made Talb-e-Ishhad on 14-9-1994---Trial Court dismissed suit, but Appellate Court decreed same---High Court accepted revision on the ground that words "as soon as possible" as used in S.13(3) of Punjab Pre-emption Act, 1991 had not complied with, and that no valid reasons were shown for not making such Talb on 12th or 13th September, 1994, thus, in absence of such evidence, Talb-e-Ishhad was not in accordance with requirement of S.13(3) of Punjab Pre-emption Act, 1991---Contention of pre-emptor was that such Talb made on 14-9-1994 i.e. within three days, whereas time limit prescribed by law was two weeks from making of Talb-e-Muwathibat---Supreme Court granted leave to appeal, inter alia, to consider such contention. JUDGMENT MIAN MUHAMMAD AJMAL, J.---Leave to appeal is sought against the judgment of the Lahore High Court, Multan Bench, Multan, dated 26-4-2000, whereby Civil Revision No.129 of 2000 of the respondents was allowed, the judgment and decree of the Appellate Court, dated 15-2-2000 was set aside and that of the trial Court, dated 17-2-1999 was restored. 2. Brief facts are that Nasim Iqbal Akhtar and others sold the disputed land measuring 2 Marlas 2 Sarsahis situated within urban limits of Arifwala Town, District Pakpattan on 17-5-1994 to respondent No.1 for sale consideration of Rs.40,000 through registered sale deed. The petitioner came to know about the sale on 11-9-1994 and he immediately made Talb-i-Muwathibat in presence of witnesses claiming superior right of pre-emption and he made Talb-i-Ishhad on 14-9-1994 through registered Notice A.D. and made Talb-i-Khasumat by filing a suit for pre-emption on 14-1-1996, inter alia, on the grounds of being Shafi Khalit and Shafi Jar. During pendency of the suit, respondent No.1 exchanged the suit property on 16-12-1994 mutation whereof was sanctioned on 18-12-1994, which was also challenged by the petitioner by impleading respondent No.2 as defendant. The suit was resisted…

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