| Citation(s) |
|---|
| 2007 SLG 3407 2007 SLD 3407 2007 PLJ 838 |
Supreme Court of Pakistan
Civil Appeal No. 1832 of 2001, decided on 2.4.2007.
ABDUL HAMEED DOGAR & MIAN SHAKIRULLAH, JAN, JJ.
Mr. Taki Ahmad Khan, ASC for Appellant. Mr. Sanaullah Zahid, ASC with Mr. Ejaz Muhammad Khan, AOR for
Respondent.
Civil Appeal No. 1832 of 2001, decided on 2.4.2007.
ABDUL HAMEED DOGAR & MIAN SHAKIRULLAH, JAN, JJ.
Mr. Taki Ahmad Khan, ASC for Appellant. Mr. Sanaullah Zahid, ASC with Mr. Ejaz Muhammad Khan, AOR for
Respondent.
AKBAR ALI--Appellant
VS
MUHAMMAD ABDULLAH---Respondent
Law:
Section:
Punjab Pre-emption Act, 1991 (IX of 1991)-- ----Ss. 20 & 13(3)--Constitution of Pakistan, 1973, Art. 185(3)--Talb-i-Ishhad--Notice--Right of pre-emption--Suit for pre-emption--Leave to appeal--Notice of Talb-i-Ishhad was attested by two marginal witnesses, but at trial only open marginal witness was examined--No explanation of any sort had been brought on record by appellants--As per S. 13(3) of Act 1991, it is mandatory that notice about Talb-i-Ishhad is to be sent in writing attested by two truthful witnesses under registered cover acknowledgment due to vendee confirming intention to exercise the right of pre-emption. [Pp. 841 & 842] A & E Punjab Pre-emption Act, 1991 (IX of 1991)-- ----S. 13(3)--Qanun-e-Shahadat Order, (10 of 1984), S. 79--Provision of Qanun-e-Shahadat would be applicable in such case as the Qanun-e-Shahadat Order was promulgated in 1984 and the right of pre-emption in the instant case was claimed by the appellant. [P. 841] B Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 79--Document required by law to be attested--Mode of examination--If a document is required by law to be attested, it shall not be used as evidence until two attested witnesses at least have been called for the purpose of proving its execution, if there be two attesting witnesses alive and subject to the process of the Court and capable of giving evidence--If the writing or signatures is on a document which is by law required to be attested, then execution and signature on document can be proved only by calling in evidence the attesting witnesses of the document. [P. 842] C Interpretation of Law-- ----Demands for claiming right of pre-emption have been defined as S. 225 of Muhammadan Law, 1987--A person who has declared his intention to assert the right immediately in the presence at least of two witnesses. [P. 842] D Judgment Abdul Hameed Dogar, J.--This appeal with leave of the Court is directed against the judgment dated 2.11.1999 passed by a learned Judge in Chambers of the Lahore High Court, Lahore, whereby Civil Revision No. 2278 of 1995 filed by appellant was partly allowed and the suit filed by appellant to pre-empt sale of land has been partly…
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