| Citation(s) |
|---|
| 2013 SLG 2416 2013 SLD 2416 2013 YLR 607 |
Lahore High Court
Civil Revisions Nos. 2009 and 2010 of 2003, heard on 1st November, 2010
NASIR SAEED SHEIKH, J
Ch. Riyasat Ali for Petitioner. Ch. Dost Muhammad Kahoot for
Respondent
Civil Revisions Nos. 2009 and 2010 of 2003, heard on 1st November, 2010
NASIR SAEED SHEIKH, J
Ch. Riyasat Ali for Petitioner. Ch. Dost Muhammad Kahoot for
Respondent
Mst. NAEEMA MAQBOOL
VS
MUHAMMAD BOOTA
Law:
Section:
Punjab Pre-emption Act (IX of 1991)--- ----Ss. 13 & 5---Suit for possession through pre-emption---Making of Talbs---Talb-i-Muwathibat and Talb-i-Ishhad---Suit of plaintiff was decreed by Trial Court and said decree was set aside by Appellate Court---Contention of the plaintiff was that the Appellate Court while recording findings on the issue regarding the making of Talbs by the plaintiff, had misread the evidence---Validity---Appellate Court while recording its finding on whether the plaintiff had complied with the requirements of Talb-i-Muwathibat and Talb-i-Ishhad, had referred to the certified copy of the record of rights which had been produced by the plaintiff herself----Certified copy of said document, it was noted, was obtained by and on behalf of the plaintiff on 2-7-1999---Appellate Court had made use of the said document only for the purpose of ascertaining the acquiring of knowledge by the plaintiff of the mutations in questions and had found that plaintiff had made a false claim in her suit of coming to know about the said mutations on 21-8-1999 and the resultant making of Talb-i-Muwathibat on the said date---Plaintiff having produced said document herself, could not be allowed to argue that the document was inadmissible and had no evidentiary value---Findings of the Appel-late Court were in accordance with law and were based upon evidence---Revision was dismissed. JUDGMENT NASIR SAEED SHEIKH, J.---This judgment will dispose of two connected Civil Revisions Nos.2009 of 2003 and 2010 of 2003, which are between the same parties and common questions of law and facts are involved therein. 2. In Civil Revision No.2009 of 2003, the petitioner instituted a civil suit for possession through exercise of her right of pre-emption in respect of the sale of land measuring 14-kanals, 17-marlas, situated in Haripur, Tehsil Wazirabad, which took place through Mutation No. 573, dated 29-5-1999 for a sale price of Rs.1,84,000 in favour of the respondent Muhammad Boota. The petitioner instituted this suit on 23-9-1999 alleging that she came to know of the sale in question on 21-8-1999 at 3-00 p.m. in her house through the informer Muhammad Arshad, which facts are…
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