2022 SCMR 1522
Suit for pre-emption---Shafi Jar---Failure to fulfill the legal requirements of Talb -i-Muwathibat and Talb -i-Ishhad---Petitioner/pre-emptor deposed that the pre-empted land was adjacent to his land with common source of irrigation but during cross-examination he stated that there was no official canal/irrigation rather the lands were irrigated from a river---Pre-emptor's witness also showed ignorance to khasra numbers of passage and source of common irrigation; he further admitted that there was no Warabandi and neither the pre-emptor was co-sharer in the Khata, nor there was any sanctioned khal---Patwari Consolidation had also deposed that there was no joint khata between the parties and, there was no passage or common source of irrigation nor any sanctioned water---Pre-emptor in his evidence deposed that he made Talb -i-Muwathibat on 27-08-2009 but in his cross-examination he admitted that in the last week of August 2009 he was in a different city---Pre-emptor's witness in his cross-examination stated that at the time of reducing the notice of Talb -i-Ishhad, no person was present except the pre-emptor but to make some improvement, voluntarily stated that another witness was also present---Pre-emptor's witness in his examination-in-chief stated that notice of Talb -i-Ishhad through registered post could not be delivered to the vendee as there was no person by the name of the pre-emptor and he returned the notice of Talb -i-Ishhad---Attesting witnesses of the notice of Talb -i-Ishhad did not depose to have the knowledge of contents of the notice of Talb -i-Ishhad---All the courts below had concurrently reached to the correct conclusion that the pre-emptor had miserably failed to fulfill the legal requirements of Talb -i-Muwathibat and Talb -i-Ishhad in accordance with the law---Petition for leave to appeal was dismissed and leave was refused.
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