' SARDAR MUHAMMAD ASLAM, J.---Concurrent judgments and decrees of the learned Courts below have been called in question through this civil revision, whereby, the suit of the petitioner for possession through pre-emption was dismissed.
2. The learned counsel for the petitioner argued that the petitioner has been non-suited for non- performance of Talbs on account of lack of details of date, time, place and name of informer.
Conversely, the learned counsel for the respondents urged that the petitioner has been rightly non- suited on the ground of non-performance of Talbs.
3. I have considered the respective contentions of the learned counsel for the parties, perused the impugned judgments and available evidence on record.
4. Muhammad Nawaz petitioner appeared as P.W.1 and stated that about two months 20 days after the sale Sultan and Noor Muhammad told him of the transaction upon which he immediately declared to pre-empt the transaction in question. He issued notice of Talb-i-Ishhad. Exh.P.1 and Exh.P.2, the notices were signed by Sultan and Noor Muhammad bedsides him. Sultan appeared as P.W.2 and Noor Muhammad as P.W.3. Both supported the version of the petitioner. The petitioner has been non-suited mainly for non-performance of Talbs for his non-mentioning of time, date, place and the name of informer in the plaint. The learned counsel for the petitioner relies on Altaf Hussain v. Abdul Hameed 2000 SCM R 314. The Honourable Supreme Court in its judgment, comprising of five Honourable Judges, held that non-mentioning of date, time, place and name of informer in the plaint, is not fatal to the pre-emption suit. The judgments of both the learned Courts below are not in accordance with law declared by the Honourable Supreme Court in Altaf Hussain's case supra. In this view of the matter, the judgments of the learned Courts below are not sustainable in law. The petitioner have performed Talb-i-Muwathibat and Talb-iIshhad. The findings of both the learned Courts below on issues Nos.1 and 10 are set aside. Resultantly, the civil revision is allowed, the impugned judgments of the learned Courts below are set aside and consequently, the suit of the petitioner is decreed. He shall deposit decretal amount of Rs,60,000 excluding 1/3rd Zar-i-Soyam amount, within a period of one month from today, failing which his suit shall be deemed to have been dismissed.