Muhammad Amin vs Zulfiqar and another
This appeal by leave of the Court was filed by the appellant pre-emptor against the dismissal of his pre-emption suit. The appellant had failed before the Trial Court for non-proving Talb-i-Muwathibat, though the Appellate Court had initially decreed the suit. The core legal question before the Supreme Court was whether the particulars of Talb-i-Muwathibat regarding time and place were properly mentioned in the plaint in light of the precedent established in Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. And others (PLD 2007 SC 302), and whether the said precedent was per incuriam. The Supreme Court held that the precedent was not per incuriam and that the failure to properly establish Talb-i-Muwathibat rendered the appeal meritless. The court affirmed that strict compliance with pleading the particulars of Talb-i-Muwathibat as laid down in established jurisprudence is mandatory for pre-emption suits, and dismissed the appeal accordingly.
- Whether the particulars of Talb-i-Muwathibat vis-a-vis time and place must be mentioned in the plaint in a pre-emption suit?
- Can a binding precedent of the Supreme Court regarding pre-emption requirements be disregarded as per incuriam without valid legal grounds?
1. ORDER MIAN SAQIB NISAR, J. --- This appeal, with the leave of the Court, was filed by the appellant/pre-emptor, who has failed before the learned Trial Court on non-proving Talb-i- Muwathibat, but when such judgment and decree was assailed by the appellant before the learned Appellate Court the suit was decreed vide judgment dated 22.4.2000. We have questioned the learned counsel for the appellant, if as per the law laid down by this Court in the case reported as Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. And others (PLD 2007 SC 302) the particulars of Talb-i-Muwathibat vis-a-vis time and place are mentioned in the plaint, to which he has attacked on the ground that the said judgment is per incuriam. We are not persuaded to hold the same. This appeal has no merit and is accordingly dismissed.