Pakistan Case LawIJAZ AHMED Versus HAYAT MUHAMMAD and 2 others
This matter originated from a pre-emption suit where the Trial Court partly decreed the claim, but the Additional District Judge, on appeal, dismissed the suit in its entirety. The High Court subsequently dismissed a revision petition, affirming that the essential pre-emption demands, Talab-i-Ishhad and Talab-i-Muwathibat, had not been made. The petitioner contended before the Supreme Court that these demands were indeed made, and that the lower courts had misread the evidence presented by P.W.1 and P.W.2. The Supreme Court granted leave to appeal to consider this specific contention regarding the making of Talabs and the alleged misreading of evidence.
ORDER
SAJJAD ALI SHAH, CJ.---Petitioner filed a suit for pre-emption which was partly decreed by the Trial Court to the extent of two Khasra Nos.2977 and 2988. The suit was not decreed in respect of two other Khasra Nos.2982 and 2983. Petitioner/plaintiff went in appeal before the Additional District Judge which was dismissed. Defendants in the suit also filed appeal which was allowed resulting in dismissal of the suit in toto. High Court has dismissed the revision petition and has held that Talab- i-Ishhad and Talab-i-Muwathibat were not made.
2.It is contended by the learned counsel for the petitioner that these Talabs were made which are amply reflected in the evidence of the petitioner as P.W.1 and the evidence of P.W.2. Mian Ghulam Shah, in respect of which there has occurred misreading.
3.Leave is granted to consider the above contention.
Judges on this bench
- Sajjad Ali Shah1,895 judgments
- Muhammad Munir Khan2,344 judgments