MUHAMMAD AMEER BHA TTI, J:- This revision petition is directed against the judgments and decrees passed by both the learned Courts below dated 18.02.2009 and 05.03.201 1, respectively , whereby the suit instituted by the respondent stood decreed and appeal whereof preferred by the petitioner was dismissed, hence, this revision petition.
2. The record of the case has been examined, perusal whereof reveals that the respondent/vendee specifically denied the sending of notice to him in his 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. It becomes 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 vendee/respondent, who had denied the sending of notice in a specific manner , 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 revision petition is accepted; the judgments and decrees passed by both the learned Courts below are hereby set-aside resulting in dismissal of suit filed by the respondent. No order as to costs. 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.