This revision petition is directed against the concurrent findings of fact recorded by both the learned Courts below dated 27.11.2010 and 14.05.201 1, respectively , whereby the suit and appeal filed by the petitioner were dismissed, hence, this revision petition.
2. The record of the case has been examined, perusal whereof reveals that the respondents/vendees denied the sending of notice to them in their written statement. In this view of the matter , the presumption arising under Article 129 of the Qanoon-e-Shahdat Ordinance, 1984 and Section 27 of the General Clauses Act, 1897, stands rebutted necessitating the production of Postman, to prove the factum of Talb-i-Ishhad, as per ratio laid down by the Hon'ble Supreme Court of Pakistan in a case reported as Allah Ditta through L.Rs and others Vs Muhammad Anar (2013 SCMR 866 ), which is found missing hence, the result of the petition is obvious.
3. In view of the dictum laid down by the apex Court it is clear like daylight that the pre-emptor has no case, as he failed to produce the Postman for recording his evidence in order to prove the service of notice upon the vendees/respondents, who had denied the sending of notice, therefore, it is held that his alleged superior right of pre-emption stood extinguished due to deficiency in evidence to prove the factum of Talb-i-Ishhad in accordance with the ratio decidendi by Hon'ble Supreme Court of Pakistan in referred case law. Hence, this petition has no merit and hereby dismissed-in-limine. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.