PLD 2007 Lahore 687 (PLP)

SYED ZAHID HUSSAIN, J.

Suit for possession through pre-emption instituted by the petitioners claiming superiority was contested by the respondents. It was tried and was dismissed by the trial Court on 24-1-1996. On appeal the judgment was set aside and case was remanded to the trial Court on 18-2-1997. After remand, the trial court decreed the suit on 10-12-1999 but the said judgment was reversed by the first appellate court on 8-3-2000 resulting in dismissal of the suit. This is revision petition by the pre-emptor/plaintiff. The crucial issue is about performance or otherwise of Talbs. It was issue No.6.

2. The learned counsel have been heard and the material on record has been perused.

3. The sale of the suit land as per contents of the plaint took place on 21-11-1991. As to performance of Talbs, paragraph 3 of the plaint is of relevance; which reads as follows:-- It is evident from the perusal of the contents of the plaint that essential particulars as to performance of Talbs i.e. date; place and time had not been mentioned. According to the plaintiff when he got knowledge of .sale, he performed Talb-i-Muwathibat. It is vague, uncertain expression, lacking precision and does not fulfil the statutory requirement. Similar was the position of alleged notice which also was silent about these particulars. There is no doubt that to maintain and succeed in a pre-emption suit the plaintiff is bound to perform Talbs as prescribed by S.13 of Punjab Pre-emption Act, 1991, otherwise his right stand extinguished. It is now settled law that particulars as to performance of Talb-i-Muwathibat with reference to the date, place and timing should necessarily be mentioned in the plaint. If at all there had been arty obscurity about the legal position, the same stand cleared and settled by a larger Bench of the Hon'ble Supreme of Pakistan in Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. and others PLD 2007 SC

302. By reiterating the view taken in Haji Muhammad Saleem v. Khuda Bakhsh PLD 2003 SC 315 and Fazal Subhan and 11 others v. Mst. Sahib Jamala and others PLD 2005 SC 977, it was held that "a plaint wherein the date, place and time of Talb-i-Muwatuibat and date of issuing the notice of performance of Talb-i-Ishhad in terms of section 13 of the Act is not provided it would be fatal for the pre-emption suit." Similar view is found in Fazal Din through L.Rs. v. Muhammad Anayat through L.Rs. 2007 SCMR 1, Nawab Din through L.Rs. v. Faqir Sain 2007 SCMR 401, Mst. Kharia Bibi v. Mst. Zakia Begum and 2 others 2007 SCMR 515, Mst Lalan Bibi and others v. Muhammad Khan and others 2007 SCMR 1193 and Abdul Rehman v. Haji Ghazan Khan 2007 SCMR 1491. Clearly, therefore, the plaintiff/petitioner in this case had failed to fulfil the requisite conditionalities of making Talb-i-Muwathibat whose mere assertion as to performance of Talbs and making of some improvements in evidence was not enough. Due to non-performance of Talbs, the superior right to pre-empt the suit land, if any, stood extinguished in terms of 5.13 of Punjab Pre-emption Act, 1991. In view of the above, no exception can be taken to the findings of the appellate Court. The revision petition is dismissed. No order as to Costs. S.A.K./A-192/L Revision dismissed.