شفعہ کے مقدمے میں طلب اشاد کے نوٹس اور نوٹس کے گواہ کا ذکر دعویٰ میں کرنا ضروری ہونے کے ساتھ ساتھ اس کو ثابت بھی کرنا ضروری ہے

 2024 S C M R 353

Suit for pre-emption --- Talb-i-Ishhad, notice of --- Proof --- Names of witnesses of Talb-i-Ishhad notice had not been mentioned in the plaint , which was a fatal defect --- Alleged notice of Talb-i-Ishhad in both the suits was allegedly by " Mr. A " , Advocate on behalf of the.respondent-plaintiff , though the said notice contained the signatures of the plaintiff but " Mr. A " , Advocate was required to prove the notice when he issued the notice on behalf of the plaintiff to the vendee --- Language of the notice stated that on behalf of the plaintiff the Advocate was issuing the notice , therefore , it was required that the Advocate should have appeared before the Court in witness-box to prove the same --- Furthermore the registered post was sent on a village address whereas the plaintiff admitted in cross-examination that the vendee/defendant was living in a foreign country --- When appellant/vendee appeared as his own witness and stated that real brother of the plaintiff is also working in the same foreign country and the plaintiff knows the foreign address of vendee and even his telephone number , this fact was not disputed in cross - examination by the counsel for the plaintiff , which meant that it was admission on the part of the respondent - plaintiff --- One of the vendors who was relative of the plaintiff , appeared as a witness and stated that he went to the plaintiff and stated he wants to sell his share in the suit property but the plaintiff refused to purchase the suit property --- Plaintiff did not prove the performance of Talbs in accordance with law --- Appeals were allowed and suit for possession through pre-emption filed by the plaintiff/respondent stood dismissed .

C.As. Nos . 170 and 171 of 2017

HASHAM KHAN ( DECEASED ) through LRs versus WAHEED AHMED

2024 S C M R 353

Punjab Land Revenue Act1967---- Ss . 52 & 42

Presumption in favour of entries in records - of - rights and periodical records --- Scope --- Khana Kafiyat of Register of Record of Rights --- Mutation register is distinct from the record-of-rights and consequently does not benefit from the legal presumption of truthfulness commonly associated with the latter --- Presumption of correctness is attached only to the column of ownership and of possession of record of right and no such presumption is attached to the column of Lagan --- Same is the correct law for the entries made in Khana Kafiyat of Register of Record of Rights/Jamabadi --- Khana Kafiyat of Register of Record of Rights is not covered by section 52 of the Punjab Land Revue Act ,1967 --- Whenever , a party relies on this Column, they will have to prove the incorporated statement /entry through independent evidence .

C.As. Nos . 170 and 171 of 2017

HASHAM KHAN ( DECEASED ) through LRs versus WAHEED AHMED

2024 S C M R 353

Right of pre-emption --- Shafi Sharik (co - owner in suit land) --- Proof --- Plaintiff /pre-emptor/respondent was required to prove through documentary evidence his right of pre - emption upon the land sold in favour of the appellant/vendee/defendant --- Admittedly , in column of ownership in Register Haqdaran Zameen the name of the respondent/plaintiff was mentioned in Khana Kafiyat and not in owner column in the khata wherefrom the property pre - empted was sold --- Copy of Jamabandi produced for the relevant year did not contain the name of the plaintiff as co-owner in the Khata --- Hence , the respondent had failed to prove his right of pre-emption on the basis of co ownership against the appellants --- Appeals were allowed and suit for possession through pre-emption filed by the plaintiff/respondent stood dismissed .

C.As. Nos . 170 and 171 of 2017

HASHAM KHAN ( DECEASED ) through LRs versus WAHEED AHMED