Mst. WAZIRAN alias FAIZ ELLAHI vs ABDUL SATTAR and 7 others
This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 seeks leave to appeal against the order of the Lahore High Court dismissing the petitioner's civil revision. The petitioner had instituted a suit for possession through pre-emption, which was decreed in part by the trial court regarding the superior right of the plaintiff as a co-sharer, but dismissed due to the failure to establish the proper fulfillment of the requirements of Talabs. The appellate court and the High Court both upheld the dismissal, concluding that no reference was made to Talab-e-Mawathibat while making Talab-e-Ishhad, and such omission was fatal to the claim. The core legal question concerns whether the statutory requirements of Talabs under pre-emption law were duly fulfilled based on the pleadings and evidence. The Supreme Court granted leave to appeal to consider whether the impugned order was based on a misreading of evidence regarding the performance of Talabs as contemplated by the Punjab Pre-emption Act, 1991, and whether notice Exh.P-1 satisfied the legal requirements.
- Whether the omission to make a reference to Talab-e-Mawathibat while making Talab-e-Ishhad is fatal to a pre-emption suit?
- Whether the requirements of Talabs under the Punjab Pre-emption Act, 1991 were fulfilled in the present case?
- Does a notice expressly mentioning the respondents satisfy the legal requirements of Talabs?
- When can leave to appeal be granted on the ground of misreading of evidence in pre-emption matters?
- Article 185(3), Constitution of Islamic Republic of Pakistan, 1973
- Punjab Pre-emption Act, 1991
ORDER
' IRSHAD HASSAN KHAN, J.---This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 seeks leave to appeal against the order, dated 8-11-1995 passed by the Lahore High Court, Multan Bench in Civil Revision No,281-D of 1995.
2. The petitioner/plaintiff instituted a suit for possession through pre-emption in respect of the suit land against the respondents. In view of the pleadings of the parties and the evidence led by them, the trial Court by its judgment and decree, dated 2-11-1993 held that the plaintiff had superior right being co-sharer and joint Khatadar of the suit land but dismissed the suit on the ground that he had not fulfilled the requirements of Talabs. The petitioner's appeal against the judgment and decree of the trial Court also failed. The revision petition met the same fate in the High Court.
3. The learned Judge in Chamber on examination of the evidence produced by the petitioner recorded a finding that no reference was made to Talab-eMawathibat while making Talab-e- Ishhad and that of omission thereof was fatal to the claim of the petitioner.
4. Learned counsel for the petitioner drew our attention to the averments made in paragraph 6 of the plaint and notice Exh.P-1 to contend that the petitioner had performed all the legal requirements of law as Talabs as contemplated by the Punjab Pre-emption Act, 1991. It is further contended that notice Exh. P-1 expressly mentions the name of all the respondents and it was duly served on them. Thus, the impugned order is based on misreading of evidence. Leave is granted to consider the aforesaid questions.