JUDGMENT MIAN NAZIR AKHTAR, J.- This revision petition arises out of a suit for possession through pre-emption filed by the petitioner on 12.11.1992 in the Court of learned Civil Judge, Sialkot to pre- empt the land measuring 8 Kanals and 2 Marlas situated in village Theh Dargai, Tehsil and District Sialkot. The land originally belonged to Muhammad Aslam, real brother of the petitioner, who sold it through a registered sale-deed dated 18.8.1992 for a consideration of Rs. 110,000/- (as shown in the sale-deed). The respondent resisted the suit and filed his statement in the Court. On the pleadings of the parties, the Trial Court framed the following issues on 13.2.1993:-
(1) Whether the suit is benami and has been filed for the benefit of other persons? If so, with what effect? OPD
(2) Whether the plaintiff is estopped by his words and conduct to File this suit? OPD
(3) Whether the plaintiff has right of pre-emption qua the vendee/defendant? OPP
(4) Whether the plaintiff made necessary talabs in accordance with law prior to enforce his right of preemption? OPP.
(1) Whether the plaintiff Has necessity of suit land and he shall suffer an irreparable loss if the same is not returned to him? OPP
(2) Whether the ostensible sale price of Rs. 1,10,000/- was bona fide fixed and actually paid? OPD
(3) If above issue is proved then what was the market value of the suit land at the time of its sale?
OP Parties.
(4) Relief'.
2. The plaintiff appeared as PW. 1 and produced PW.2, Muhammad Akhtar Patwar, PW.3 Karamat and PW.4 Muhammad Ashiq. He made a supplementary statement in rebuttal and produced documentary evidence in the shape of notice (Ex.PI), receipt of the post office (Ex. P2), chart showing five years average sale price (Ex. P3), Jamabandi for the year 1988-89 (Ex. P4) and a copy of the sale-deed (Ex. P.5) and closed his evidence. On the other hand; the respondent appeared as DW.I and produced Muhammad Aslant as DW.2 and closed his evidence. After hearing the learned counsel for the parties and perusing the material on the record the Trial Court decreed the suit vide judgment and decree dated 29.11.1993 subject to payment of Rs. 110,000/- by the pre- emptor/petitioner. The respondent preferred an appeal, which was allowed by the learned District Judge, Sialkot vide his judgment dated 2.3.1994 holding that the petitioner did not make ' Talb-e- Muwathibat' in accordance with the Jaw.
3. The petitioner's learned counsel contends that the Appellate Court had erred in law in holding that the requirement of ' Talb-e-Muwathibat' was not fulfilled by the petitioner. In this connection lie points out that die petitioner had learnt about the sale in the village on 20.8.1992 and immediately announced his intention to pre-empt the land in the presence of Karamat (PW.3) and Ashiq Hussan (PW.4). He affirmed it in his subsequent notice sent to the respondent regarding Talb-e- Ishhad'. Further submits that the petitioner's evidence shows that he was eager to purchase the disputed land and for that reason filed a suit and obtained a stay order against the registration of the sale-deed and on coming to know the factum of sale had made Talb-e- Muwathibat' regarding his intention to purchase die suit land. He submits that even if the petitioner had learned about the sale transaction at the Court premises on 20.8.1992 and made Talb-e-Muwathibat' in the village still it would be deemed to have been made in the same 'Majlis'. He adds that the Court should not consider merely the words/views of the pre-emptor but also see his conduct. According to the learned counsel> the cumulative effect of his statement is that he is keen and genuinely interested to purchase the suit land. In this connection lie relies on the case of Tokh Narain Puri v.
Ram Bachhya Singh (AIR 1925 Patna 743). The petitioner needed some time to ascertain as to whether the sale had already taken place and for that reason he had directly gone to the vendor/defendant. In this behalf, reference was made to Article 528-D(4) of Tayyab i.e. Muhammadan Law. Also relies on the case of Zafar Ali v. Zainul Abidin (1992 SCM R 1886).
4. On the other hand, learned counsel for the respondent submits that the petitioner had failed to fulfil the requirements of ' Talb-e-Muwathibat' . The Petitioner/plaintiff had come to know bout the sale on 18.8.1992 and even his on witness Ashiq (PW.4) admitted that he as well as the plaintiff got the knowledge about the sale on the very day when the sale-deed was registered. A similar statement was made by the Petitioner/plaintiff, therefore, making of ' Talb-e- Muwathibat' on 20.8.1992 was not prompt as required under the law. Further submits that the judgment, in the case of Zafar Ali (supra), relied upon by the petitioner's learned counsel does not help him because reasonable time, which may be allowed to die pre-emptor is only till the end of ' Mujib' in which he gets the information about the sale transaction. In support of his contention, relies on the following judgments:-
(i) Ikram-ud-Din, etc. r. Ghulam Ahmad Khan, etc. (1995 M LD 1689);
(ii) Gul Hussan Shah v. Mulazim Hussan Shah (1996 SCM R 294); (i.e) Akbar Khan v. Pehlwan (1996 M LD 1415);
(iv) Abdul Sattar, etc. v. Muhammad Ramzan, etc. (PL] 2000 Lah. 312) [DB].
5. There is considerable weight in the arguments raised by the respondent's learned counsel, In his on statement as PW. I the petitioner stated that he learnt about the impugned sale on 20.8.1992 at the premises of District Courts, Sialkot and thereafter announced in the village in the presence of the respondent on 20.8.1992 to, pre-empt the land. The declaration of his intention was obviously not made in the same Majlis at the District Courts premises/ Sialkot. The evidence on die record also shows that the petitioner had learnt about this sale on 18.8.1992 when he filed a suit to resist the respondent's move to have the sale-deed registered. In this connection he admitted in his cross-examination: {{Urdu Text}} He obtained the stay order but the sale-deed was registered before it-was conveyed to the Sub- Registrar. Upon this the petitioner filed a contempt petition against the respondents on 19.8.1992.
The petitioner's on witness PW.4 Muhammad Ashiq also stated that the petitioner had filed a suit on 18.8.1992 to obtain a stay order against the registration of the sale-deed. He also admitted:- {{Urdu Text}} This admission does not pertain to the bargain but is clearly indicative of the sale, which was to be got registered on 18.8.1992. In this view of the matter, it is crystal clear that the petitioner had learnt about the impugned sale on 18.8.1992 but failed to make Talb-e-Muwathibat promptly as required under the law. Even if it is believed that he learnt about the sale transaction on 20.8.1992, he still failed to make Talb-e-Muwathibat in the same Majlis at District Court premises Sialkot. He appears to have taken sometime in going to the village and then made the Talb-e-Muwathibat at the village. The time consumed for going from the Court-premises to the village cannot be condoned.
If militates against 'his claim of having made Talb-e-Muwathibat in the same Majlis. The circumstances of the present case do not leave any manner of doubt that the petitioner. Said definitely learnt about the sale transaction on 18.8.1992 at the Court- premises and there was nothing to prevent him from making the Talab immediately in the same Majlis Thereafter he could avail of time to ascertain the other facts relating to the sale including the Khasra numbers etc. Of the land and the sale price shown in the sale-deed so as to enable him to make Talb-e-Ishhad within the stipulated time. The judgment in the case of Zafar Ali is not of any help to the petitioner, In the said precedent the plaintiff was non-suited because he did not promptly make Talb-e- Muwathibat in the same Majlis in which he had learnt about the sale. The Honorables Supreme Court noted that the plaintiff had learned about the sale mutation on 12th or 13th of August, 1988, obtained a copy of the mutation-and sent notices to the vendees on 16.8.1988 and had shown his intention to pre-empt the suit land on the same day. The Court was pleased to hold "the petitioner ought to have made Talb-e-Muwathibat without loss of any time on 12th or 13th of August, 1988 when he learned about the sale transaction but he admittedly made It on 15th August, 1988 and as such there is no escape from the conclusion that Talb- e-Muwathibat was not made in accordance with the provision - of Section 13 of the Act. This omission is Indubitably fatal to the petitioner's claim of pre-emption." So far as the question of supplementing knowledge about the sale transaction is concerned, the Honorables Supreme Court has made it clear in this judgment that further details about sale may be obtained in the same Majlis or at the same occasion when Information about the sale is received. However, as discussed above, in the present case, the petitioner had learned about the sale transaction on 18.8.1992 and did not make Talb-e- Muwathibat on the said date. Even if his claim that he had learned about the sale at District Court premises, Sialkot on 20.8.1992 is accepted, still, he did not make Talb-e- Muwathibat in the same Majlis and took his good time to go to the village and then belatedly declared his intention to preempt the land. Therefore, the Courts below have rightly held that the petitioner did not make Talb-e-Muwathibat in accordance with the law.
6. For the foregoing discussion, I do not find any merit in this revision petition, which is dismissed leaving the parties. To bear their on costs.