Law: Punjab Pre-emption Act, 1991

Section: 13(3)

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Punjab Pre-emption Act (IX of 1991)---S. 13(3)---Constitution of Pakistan (1973), Art.185(3)---Pre-emption suit---Demand of Talbs---Leave to appeal was granted by the Supreme Court to consider that whether High Court was not justified to concur with the finding of Trial Court that the plaintiff failed to prove the performance of "Talb-i-Muwathibat" strictly in accordance with S.13(3) of the Punjab Pre-emption Act, 1991; that whether the High Court had rightly affirmed the finding of Trial Court on the proof of "Talb-i-Muwathibat" and that whether the High Court was not justified to have upheld the findings of the Trial Court on the question that "Talb-i-Ishhad" having not been made strictly in accordance with S.13(I)(II) of the Punjab Pre-emption Act, 1991 with reference to the precedent from Indian jurisdiction in Aliman Begum v. Ali Husan and another AIR 1923 All. 355(I) and Haji Raja Muhammad Shabbir Ahmad Khan v. Government of Punjab Province, Lahore PLD 1994 SC 1 (relevant at page 20). Aliman Begum v. Ali Husan and another AIR 1923 All. 355(1) and Haji Raja Muhammad Shabbir Ahmed Khan v. Government of Punjab Province, Lahore PLD 1994 SC 1 ref. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Talbs, making of---Principles---Held, it would be mandatory for a plaintiff in suit for pre-emption to incorporate in the plaint the date, time and place of performance of "Talb-i-Muwathibat" and date of issuing the notice of "Talb-i-Ishhad" in terms of S.13, Punjab Pre-emption Act, 1991, otherwise plaintiff's suit deserved to be dismissed---Plaintiff having failed to plead qua the making of Talb-i-Muwathibat in the plaint according to settled parameters, her suit deserved to be dismissed. Bashiran Begum v. Nazar Hussain PLD 2008 SC 559; Pir Muhammad v. Faqir Muhammad PLD 2007 SC 302 and Muhammad Iqbal v. Ali Sher 2008 SCMR 1682 rel. Muhammad Iqbal v. Ali Sher 2008 SCMR 1682 ref. JUDGMENT MIAN HAMID FAROOQ, J.--- This appeal by leave of the Court proceeds against the judgment dated 24-1-2000, whereby the learned Lahore High Court, Rawalpindi Bench, Rawalpindi dismissed appellant's first appeal R.F.A. No.90 of 1996. 2. Brothers and sisters of the appellant…

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