| Citation(s) |
|---|
| 2016 SLG 3125 2016 SLD 3125 2016 MLD 873 |
Lahore High Court
C.R. No. 339 of 2005, decided on 26th May, 2014.
SHOAIB SAEED, JUSTICE
Agha Tariq Mehmood for Petitioner. Khawaja Aftab Ahmad for
Respondents.
C.R. No. 339 of 2005, decided on 26th May, 2014.
SHOAIB SAEED, JUSTICE
Agha Tariq Mehmood for Petitioner. Khawaja Aftab Ahmad for
Respondents.
NADIR HUSSAIN - er
VS
YAR MUHAMMAD and 10 OTHERS --Respondent
Law:
Section:
Punjab Pre-emption Act (IX of 1991) --------- ----------Ss. 6 & 13 --------- General Clauses Act (X of 1897), S.27 --------- Suit for pre-emption --------- Shafi Khalit, Shafi Jar --------- Talb-e-Muwathibat --------- Jumping Demand --------- Nature --------- Essentials --------- Pre-emptor received information of sale at 8.20 a.m, while intention to pre-empt was made at 10 a.m., which demand could not be termed as "jumping demand" --------- Laxity in performance of Talb-e-Muwathibat which was a jumping demand be seen with rigor --------- Glaring contradictions in testimonies of witnesses in respect of time, date, place of making the Talb showed that Talb-e-Muwathibat was not performed in accordance with law --------- Delivery of notice, its receipt and acknowledgment-due had not been proved which were requirements of Talb-e-Ishhad --------- Orders of courts below did not suffer from any illegality or infirmity --------- Revision was dismissed. PLD 2002 Lahore 280; Khalid Hussain through Aftab Hussain and 2 others and 1985 CLC 1513; Allah Bukhsh and another v. Falak Sher 2004 SCMR 1580 and Haji Feroz Khan and another v. Amir Hussain through L.Rs. and others 2004 SCMR 1719 ref. Munawar Hussain and others v. Afaq Ahmad 2013 SCMR 721; Muhammad Ilyas Naveed and another v. Allah Ditta 2013 YLR 2201; Allah Ditta and 2 other v. Raees and 3 others 2006 CLC 1349; 2006 CLC 79; Allah Ditta through L.Rs and others v. Muhammad Anar 2013 SCMR 866 and Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105 rel. THIS ORDER PASSED BY: SHOAIB SAEED, JUSTICE:---------- Through this civil revision, petitioner has challenged the impugned judgments and decree dated 15-3-2005 passed by Additional District Judge and 02-11-2004 passed by Civil Judge, Tala Gang, respectively. 2. Brief facts of the case are that petitioner filed a suit for possession through pre-emption against the respondents claiming his superior right of pre-emption on the basis of his land in the Khewat, his other land being adjacent to the suit property and as a co-sharer. The suit was filed on 04-05-1999. It was averred that respondent purchased 2-Kanals of land bearing Khasra No. 1502, Khewat No. 300…
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