Law: Punjab Pre-emption Act, 1991

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: 100

Punjab Pre-emption Act (IX of 1991)---S. 13---Civil Procedure Code (V of 1908), S.100---Talb-e-Muwathibat and Talb-e-Ishhad, performance of ---Filing of suit on 13-9-2000---Plaintiff on oath stating date of performance of Talb-e-Muwathibat to be 27-9-2000---Suit dismissed by Courts below decreed by High Court in second appeal---Validity---Record showed that plaintiff had proved making of Talb-e-Ishhad through registered notice dated 5-9-2000---Courts below had ignored date of making Talb-e-Muwathibat mentioned as 27-8-2000--High Court had rectified such error by treating date mentioned as 27-9-2000 to be a slip of tongue---Question of any interpretation of evidence contrary to record merely on basis of a slip could not upheld---High Court had rightly reversed concurrent findings of Courts below for being contrary to evidence and erroneous---Supreme Court dismissed petition for leave to appeal in circumstances. JUDGMENT ZIA PERWEZ, J.---This appeal is directed against the impugned judgment dated 17-4-2007 of a learned Single Judge of the Lahore High Court, Lahore passed in Regular Second Appeal No.140 of 2004, whereby the concurrent findings of the two Courts below were set aside and the pre-emption suit filed by the respondent/plaintiff is decreed against the appellant/defendant subject to deposit of total amount of Rs.12,60,000 on or before 31-5-2007 in the trial Court. 2. Suit for pre-emption with respect to the house adjacent to the house of the respondent/plaintiff was dismissed by the learned trial Court on 8-2-2003 and maintained in Civil Appeal No.132 of 2003 by the learned Additional Sessions Judge, Kharian vide judgment and decree dated 7-8-2004 while, dismissing the appeal. Dissatisfied with the judgments and decrees of the two Courts below, respondent preferred R.S.A. before the Lahore High Court, Lahore, which was allowed by the learned Single Judge through the judgment impugned herein. Hence, this appeal. 3. The only ground arising in the appeal is that the evidence to prove the date of Talb-i-Muwathibat was stated to be made on 27-9-2000 by the respondent in his statement before the trial Court though he deposed on oath that he made…

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