Pakistan Case LawGUL HUSSAIN SHAH Versus MULAZIM HUSSAIN SHAH
This petition for leave to appeal arose from a pre-emption suit filed by the petitioner to challenge the sale of the suit property to the respondent. The suit was contested by the respondent on the ground that the petitioner had failed to make the necessary 'Talabs' as required under pre-emption law. Both the trial court and the appellate court dismissed the suit, and the Lahore High Court subsequently dismissed the petitioner's civil revision in limine. The core legal question before the Supreme Court of Pakistan was whether the petitioner's deposition, stating that upon learning of the sale he immediately sent two persons to the defendant to offer the money consideration and demand the return of the property, was sufficient to constitute 'Talab-e-Muwathibat'. The Supreme Court granted leave to appeal to consider this specific question regarding the legal sufficiency of the petitioner's actions in fulfilling the requirement of Talab-e-Muwathibat.
- Whether a pre-emptor's act of sending two persons to the vendee to offer the consideration money and demand the return of the property immediately upon learning of the sale constitutes a valid Talab-e-Muwathibat?
ORDER
MUKHTAR AHMED JUNEJO, J.---Petitioner Gul Hassan Shah has sought leave to appeal against the judgment by the Lahore High Court, Rawalpindi Bench, dated 7-7-1994 in Civil Revision No, 306/D/94.
Petitioner Gul Hassan Shah filed Civil Suit No, 637/92 in a Civil Court at Chakwal for pre-empting sale of the suit property sold to the respondent. The suit was contested by the respondent who in his written statement challenged making of Talabs. One of the issues was, whether the plaintiff/petitioner had made Talabs. The suit was dismissed by the Civil Court as well as by the learned Additional District Judge, Chakwal. The Civil Revision Petition was dismissed by the High Court in limine. Hence this petition.
Mr. Muhammad Munir Peracha, learned counsel for the petitioner, argued that the only point on which suit of the petitioner-plaintiff was dismissed was, that he had not made "Talab-e- Muwathibat" but the petitioner in his deposition as P.W. 2 had stated that as and when he came to know about the sale of the suit property by Mohson Shah to Mulazim Hussain Shah, he sent two persons to the defendant to receive the money consideration and return of the suit property.
The question whether this evidence amounts to Talab-e-Muwathibat requires consideration. Leave is, therefore, granted to consider the aforesaid question. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Judges on this bench
- Saiduzzaman Siddiqui789 judgments
- Mukhtar Ahmed Junejo485 judgments