Haji MUHAMMAD AKBAR vs MUHAMMAD AKRAM and others

This petition for leave to appeal arose from a suit for possession through pre-emption filed by the plaintiffs-respondents against the petitioner-vendee. The Trial Court decreed the suit, a decision subsequently affirmed by both the appellate court and the High Court in revision. The petitioner challenged the legality of the High Court's judgment, primarily contending that the requirement of talb-i-muwathibat was not satisfied in time and that the talb-i-ishhad was not performed within the shortest possible time, as it was allegedly delayed by ten days. The Supreme Court reviewed the impugned judgment and noted that the lower courts had extensively examined the evidence regarding the performance of talb-i-muwathibat and talb-i-ishhad. Finding that the lower courts had unanimously concluded that both talbs were performed in accordance with the law, the Supreme Court held that there was no justification for interfering with the concurrent findings of fact. Consequently, the petition was dismissed and leave to appeal was refused, affirming the established legal position that concurrent findings on the performance of pre-emption requirements are generally not disturbed in the absence of legal error.