| Citation(s) |
|---|
| 2007 SLG 3316 2007 SLD 3316 2007 PLJ 399 |
Supreme Court of Pakistan
C.P.L.A. Nos. 3302 & 3303/L of 2003, decided on 2.3.2006.
TASSADUQ HUSSAIN, JILLANI & SYED, JAMSHED ALI, JJ.
Mr. S.M. Tayyab, Sr. ASC for Petitioner. Mr. A.H. Masood, AOR for
Respondents.
C.P.L.A. Nos. 3302 & 3303/L of 2003, decided on 2.3.2006.
TASSADUQ HUSSAIN, JILLANI & SYED, JAMSHED ALI, JJ.
Mr. S.M. Tayyab, Sr. ASC for Petitioner. Mr. A.H. Masood, AOR for
Respondents.
MUKTHIAR ALI alias MUMTAZ ALI ETC.
VS
MUMTAZ AHMED etc.--Respondents
Law:
Section:
Punjab Pre-emption Act 1991 (IX of 1991)-- ----S. 13--Constitution of Pakistan, 1973, Art. 185(3)--Talab-i-Ishhad--Mandated in law--Petitioners produced one out of two witnesses of talb-i-ishhad--Suit of pre-emption decreed by trial Court--First Appellate Court reversed the of trial Court holding one of the two witnesses of Talab-i-Ishhad was not produced--High Court upheld the of First Appellate Court--Supreme Court set aside the order of High Court--Held: Production of both the witnesses in Court was not mandatory requirement in law--Section 13 for proving Talab-i-Ishhad appearance of pre-emptor alongwith one of the witnesses of Talab-i-Ishhad is sufficient compliance and production of two marginal witnesses in Court is not a mandatory requirement under the Punjab Pre-emption Act 1991. [P. 400] A Order Tassaduq Hussain Jillani, J.--This order shall dispose of C.P.L.A. Nos. 3302 & 3303-L of 2203 as common questions of law and facts are involved therein. 2. Through these petitions, petitioners seek leave to appeal against the judgment dated 13.10.2003 vide which a learned Judge of the Lahore High Court dismissed petitioners Civil Revisions and affirmed the judgment of the Appellate Court dated 20.3.1996 vide which while reversing the judgment and decree of the learned trial Court dated 26.2.1995 petitioners' suit was dismissed. 3. The only ground which found favour with the learned High Court to uphold the judgment of the Appellate Court was that petitioners produced only one out of the two witnesses of…
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