| Citation(s) |
|---|
| 2016 SLG 2092 2016 SLD 2092 2016 YLR 56 |
Lahore High Court
Civil Revision No. 998 of 2006, decided on 15-12-2014. Date of hearing: 24-11-2014.
AMIN-UD-DIN KHAN AND M. SOHAIL IQBAL BHATTI, JUSTICE
Malik Noor Muhammad Awan for Petitioner. Aamier Majeed Rana and Muhammad Abdul Rahman Janjua for
Respondent.
Civil Revision No. 998 of 2006, decided on 15-12-2014. Date of hearing: 24-11-2014.
AMIN-UD-DIN KHAN AND M. SOHAIL IQBAL BHATTI, JUSTICE
Malik Noor Muhammad Awan for Petitioner. Aamier Majeed Rana and Muhammad Abdul Rahman Janjua for
Respondent.
MUHAMMAD RIAZ THROUGH SPECIAL ATTORNEY
VS
. GHULAM HUSSAIN THROUGH LEGAL HEIRS
Law:
Section:
(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Talbs, performance of---Evidence of plaintiff with regard to Talb-i-Muwathibat was contradictory---Pleadings could not be considered as evidence---Plaintiff had failed to prove performance of Talb-i-Muwathibat and Talb-i-Ishhad in accordance with law---Revision was dismissed in circumstances. Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105 rel. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13 (1) (a)---"Sitting" or "Meeting" (Majlis)---Meaning. Mutali v. Khizar Hayat and 6 others PLD 2012 Lah. 1; Oxford Advanced Learner's Dictionary 8th Edition; The Chember's Dictionary 12th Edition; Judicial Dictionary 16th Edition by K J Aiyar; Black's Law Dictionary 8th Edition; Feroz-ul-Lughat Urdu published by Feroz Sons (Pvt.) Ltd.; Muhammadan Law by D.F.; Ghulam Muhammad and another v. Mian Abdul Karim through L.Rs. 2014 YLR 774 and Munawar Hussain and others v. Afaq Ahmed 2013 SCMR 721 rel. (c) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Talb-i-Muwathibat---Meaning. Muhammadan Law by D.F. ref. (d) Pleadings--- ----Scope---Pleadings could not be considered as evidence. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE:----------- Through this civil revision petitioner has challenged the judgment and decree dated 21.3.2006 passed by the learned Additional District Judge, Sialkot whereby appeal filed by the respondent-vendee was accepted and the judgment and decree passed by the learned Civil Judge, Sialkot dated 12.7.2005 decreeing the suit for pre-emption filed by the petitioner was reversed. 2. This revision was heard by the learned Single Judge of this Court on 12.12.2013 and matter was referred to the Hon'ble Chief Justice for constitution of a larger bench for revisiting the interpretation made by another learned Single Judge of this Court with regard to "sitting" or "meeting" (Majlis) mentioned in Section 13 of the Punjab Pre-emption Act, 1991, which judgment has been reported as PLD 2012 Lahore 1 "Mutali v. Khizar Hayat and 6 others", therefore, the Hon'ble Chief Justice referred the matter to the Division Bench headed by me (Amin-ud-Din Khan, J.). Record shows that subsequently due…
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