1. This civil revision is directed against the judgment and decree dated 14.06.2014 passed by the learned Additional District Judge, Jaranwala, whereby, appeal preferred by the respondent has been accepted and suit for possession through pre-emption filed by the petitioner has been dismissed.
2. 2.Succinctly, the facts of the case are that in order to assail the sale made in favour of respondent through Sale-Deed No. 859/1 dated 13.05.2005 qua property measuring 42-Kanals 18-Marlas situated in revenue estate of Chak No. 564/GB Tehsil Jaranwala District Faisalabad, a suit for possession through pre-emption was filed by the petitioner claiming a superior right. The suit was contested by the respondent denying his claim. Out of divergent pleadings of the parties as many as 07 issues were framed; evidence pro and contra was lead, whereupon, through judgment and decree dated 03.04.2012 passed by the learned Civil Judge, Jaranwala the suit was decreed.
3. Feeling aggrieved an appeal was preferred by the respondent, which was accepted and the suit was dismissed, hence, this revision petition.
4. 3.At the very outset, learned counsel for the petitioners has been confronted with the judgment passed by the Honourable Supreme Court of Pakistan reported as Dr. Pir Muhammad Khan v.
5. Khuda Bukhsh and others (2015 SCM R 1243), wherein, it has been held that ifn in the plaint names of witness of Talb-e-Irshad are not mentioned the same shall be fatal for the suit.
6. 4.Replying to the above, learned counsel submits that the names of witnesses of Talb-e- Muwathibat have been written in Paragraph No. 2 of the plaint out of whom some were also the witnesses of Talb-e-Ishhad, therefore, it was not necessary to reproduce/repeat the names of the such witnesses in the plaint while explaining Talb-e-Ishhad.
7. 5.Arguments heard Record perused.
8. 6.From the perusal of the plaint, it is evident that in Paragragh No. 2 of the plaint petitioners have mentioned the names of witnesses of Talb-e-Muwathibat. A further reading of the plaint (Paragraph Nos. 3 to 5) which relate to Talb-e-Ishhad it is evident that names of witnesses of the said Talb have not been mentioned in these paragraphs.
9. 7.Placing the contents of these paragraphs in juxta-positjon with the judgment passed by the Honourable Supreme Court of Pakistan in case of "Dr. Pir Muhammad Khan" mentioned supra, it is manifest that since the names of witnesses of Talb-e-Ishhad are not mentioned in the plaint, therefore, the suit could not be decreed.
10. 8.It shall not be out of place to mention here that the afore-noted judgment has further been followed by the Honourable Apex Court in an unreported judgment passed in Civil Petition No. 27L/2016 (Kashif Mahmood (decd.) through L.Rs. v. Rasheed Ahmad), wherein, it has been held that conspicuous absence of names of witnesses of Talb-e-Ishhad in the contents of the plaint is fatal to the suit for pre-emption.
11. 9.In view of the above, since the petitioners have failed to mention the names of the witnesses of Talb-e-Ishhad in their plaint, therefore, in view of the dicta laid down by the Honourable Supreme Court of Pakistan mentioned supra the suit was not maintainable.
12. 10.As a sequel to the above, this civil revision fails and the same is dismissed.