Law: Punjab Pre-emption Act, 1991

Section: 13(1),6

Law: Constitution of Pakistan, 1973

Section: 185

(a) Punjab Pre-emption Act (IX of 1991)---S. 13(1)---Talbs---Mere general assertion in plaint that as soon as plaintiff learnt about sale-transaction, he made the declaration of his intention to pre-empt the sale, would not be sufficient compliance of S.13(1), Punjab pre-emption Act, 1991---Where Talb was not made according to established requirements, the same could be fatal to pre-emptor's right of pre-emption---Pre-emption being a feeble right, formalities required for its exercise and enforcement must be strictly observed and there must be a clear proof of same on record. (b) Constitution of Pakistan (1973)--- ----Art. 185---Appeal to Supreme Court---Findings of facts recorded by courts below---Scope of interference---Supreme Court does not normally go beyond concurrent findings of facts recorded by the courts below unless it is shown that the findings are perverse, patently against evidence, or so improbable that acceptance thereof would tantamount to perpetuating a grave miscarriage of justice---Supreme Court does not interfere with the findings of facts recorded by primary courts or High Court when it is established that findings of the court below are on the whole reasonable and are not arrived at by disregarding any provision of law or any accepted principle concerning appreciation of evidence. Amir Abdullah Khan v. Kafaitullah Khan 2008 SCMR 756; Sheikh Fateh Muhammad v. Muhammad Adil PLD 2007 SC 460; Shaukat Ali v. Allied Bank of Pakistan Ltd. 2007 SCMR 198; Shafi Muhammad v. Khanzada Gull 2007 SCMR 368; Muhammad Zubair v. The State 2007 SCMR 437 and Muhammad Sharif v. Muhammad Anwar 2007 SCMR 687 ref. (c) Constitution of Pakistan (1973)--- ----Art. 185---Punjab Pre-emption Act (IX of 1991), S.6---Supreme Court Rules, 1980, App.VI---Appeal to Supreme Court against of High Court in pre-emption suit---Pre-emption suit---Maintainability---Scope---Appellant, in the present case, was grossly negligent in prosecuting his remedy---Conduct of appellant reflected gross negligence in prosecuting his remedy before the Supreme Court---Petition for leave to appeal would not lie and direct appeal was barred by time---Effect---No material practice existed to the…

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