1. ' WALI MUHAMMAD KHAN, J.--The instant appeal, through leave of the Court, is directed against the Judgment of the High Court of Balochistan dated 4-4-1990, whereby the revision petition filed by Haji Sycd Abdul Halcem Shah, appellant herein, against the judgment and decree dated 16-12-1989 passed by Majlis-e-Shoora, Kalat at Mastung, was dismissed. The leave granting order is as follows:-- "Leave to appeal is granted in view of the fact that the Majlis-e-Shoora have found evidence on Talab-e-Mowasibat deficient while the High Court by the impugned judgment has found evidence on Talab-e-Ishhad deficient. The learned counsel for the petitioner has referred to the evidence on record to establish that there was deficiency in neither."
2. ' The facts of the case, briefly stated, arc that the appellant filed a suit for possession through pre- emption against Haji Noorullah, predecessor-ininterest of the respondents in the Court of Assistant Commissioner Dalbandin under the provisions of Balochistan Civil Disputes Shariat Application Regulation, 1976. The defendant contested the suit whereupon the Assistant Commissioner, Dalbandin referred the matter to Qazi for decision according to law. After recording such of the evidence as the parties wished to adduce before it, the learned trial Court decreed the suit of the plaintiff/appellant vide judgment dated 31-3-1989. The respondents challenged the same before the Majlis-e-Shoora Kalat at Mastung which was accepted and the judgment and decree of the trial Court was set aside and the suit dismissed. The revision filed against it having been dismissed through the impugned judgment, the instant appeal through leave of the Court has been filed.
3. ' We have heard Mr. S.A.M. Quadri, Advocate, for the appellant; Raja M. Afsar, Advocate, for respondents .1 to 5; and have perused the record of the case.
4. ' The ground which prevailed with the learned appellate Court in reversing the finding of the trial Court was that the plaintiff/appellant had not fulfilled the requirement of Talab-e-Ishhad as required under the Muslim Law of Pre-emption inasmuch as it was neither made in the presence of the vendee/defendant nor in the presence of two witnesses. The only witness produced in support of Talab-e-Ishhad is Syed Swali P.W. But his statement is to the effect that he was informed by the pre-emptor about his intention to preempt the sale transaction in question and that he had also disclosed his intention to Subedar Muhammad Afzal. At this juncture neither the vendee/defendant was present nor the vendor nor any other person to witness the Talab-e-Ishhad. Needless to emphasise that under Muslim law of pre-emption Talab-e-Ishhad has to be made either in the presence of the buyer, or the seller if he is still in possession or on the premises which arc the subject-matter of sale and in the presence of at least two witnesses. Since the essential requirements of Talb-e-Ishhad have not been established by the plaintiff/preemptor, he had lost his right of pre-emption and, as such, the judgment of Majlis-e-Shoora did not suffer from any legal infirmity and the learned high court rightly declined to interfere with it.
5. ' Resultantly, finding no merit in the instant appeal, the same is dismissed with no order as to costs.