ABDUL REHMAN and others vs MAHAR BAKHSH and others
This petition for leave to appeal challenged a judgment of the Lahore High Court, which had set aside the decision of the District Judge and restored the trial court's decree in a pre-emption suit. The core legal question concerned whether the petitioners had satisfied the mandatory requirements for 'Talabs' under the Punjab Pre-emption Act, 1991, specifically regarding the timing of their knowledge of the sale. The Supreme Court reviewed the record and affirmed the High Court's finding that the petitioners had provided false testimony regarding when they acquired knowledge of the sale. The High Court had relied on documentary evidence—a certified copy of the sale deed obtained by the petitioners prior to their claimed date of knowledge—to expose the falsehood of their pleadings. The Supreme Court held that the High Court’s reasoning was sound and based on a correct appreciation of the evidence. Consequently, the Court dismissed the petition, upholding the principle that pre-emption claims must be strictly compliant with statutory requirements, including the truthful assertion of the timing of knowledge of the sale.
- Does the possession of a certified copy of a sale deed by a pre-emptor prior to their claimed date of knowledge invalidate their claim of 'Talabs'?
- Is a pre-emptor required to prove the timing of their knowledge of a sale to satisfy the requirements of the Punjab Pre-emption Act, 1991?
- Section 13, Punjab Pre-emption Act 1991
ORDER
1. ' TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment, dated 9-5-2000 whereby a learned Single Judge of the Lahore High Court, Multan Bench, Multan, accepted R.S.A.
2. No,40 of 1996 filed by the respondents by setting aside the determination of the learned District Judge, Lodhran, and restoring the judgment of the learned Civil Judge, Lodhran.
3. ' We need not give the facts of the case as the same have been elaborately narrated in the impugned judgments.
4. ' We have considered the contentions advanced by the learned counsel for the petitioners and have gone through the documents appended with this petition. It is reflected from the record that the petitioners have been non-suited on the ground that the Talabs were not made as required under section 13 of the Punjab Pre-emption Act, 1991. The learned Single Judge of the Lahore High Court has given cogent reasons in accepting the appeal after perusing the record: It would be appropriate to reproduce certain lines from the impugned judgment wherein the learned Single Judge of the Lahore High Court has depicted the conduct of the petitioners, who were respondents before the High Court, which are as under:--- "The respondents have been caught on their lie by their own document Exh.P.2. This is a certified copy of the sale-deed in question filed by the respondents in the trial Court on 19-10-1991. This document reveals that the said certified copy was issued on 10-8-1991. This document was in possession of the respondents and was tendered in evidence and got exhibited by their learned counsel on 29-9-1992. It can be safely assumed that the respondents were not only aware of the sale but were in possession of certified copy thereof on 10-8-1991. Their pleadings eir evidence to the effect that they acquired knowledge so where in September, 1991 is, therefore, false."
5. ' Resultantly for what has been stated above, the instant petition being devoid of any merit is hereby dismissed and leave declined.
Cited by 2 cases
- Abdul Qayyum Khan vs Sheikh Muhammad Azeem 2017 LHC 530
- ABDUL QAYYUM KHAN Versus Sheikh MUHAMMAD AZEEM 2017 CLCN 99