Case Details

Citation(s)
1983 SLG 133 1983 SLD 133 1983 SCMR 16
Supreme Court of Pakistan
Civil Review Petition No. 29 R of 1980 in C.P.S.L.A. No. 548 of 1977, decision dated: 22-06-1982.(On appeal from the order of the Supreme Court of Pakistan dated 20 2 1980 in C. P. No. 548 of 1977)
MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH AND SHAFI-UR REHMAN, JJ
S. Jamil Hussain Rizvi, Advocate Supreme Court assisted by Talib H. Rizvi, Advocate Supreme Court and S. All Imam Naqvi, Advocate on-Record for Petitioners. Nemo for
Respondent

MUHAMMAD HUSSAIN AND ANOTHERS

VS

MUHAMMAD KHAN

Law:

Section:

Punjab Pre emption Act (I of 1913)--- S. 15 read with Constitution of Pakistan (1973), Art. 185(3) Leave to appeal Granted to consider question whether statutory presump¬tion of correctness attached to pedigree table forming part of record-of rights in absence of rebuttal.-[Leave to appeal]. ORDER NASIM HASAN SHAH, J. This is a petition seeking review of this Court's order dated 20 2 1980. By the aforesaid order it was observed that the High Court agreeing with the Additional District Judge held that the preemptor had failed to satisfactorily establish the factum of his relationship between him and the vendor, so as to prove for superior right. The relationship had been sought to be proved by producing a pedigree table (Exh. P. 1). However, no one had appeared in Court to prove the pedigree table and to state that the relationship of the parties was correctly entered [therein. The learned Additional District Judge, had taken the view that in the absence of any such affirmative of evidence the pedigree table, by itself, could not prove the factum of relationship, which view was upheld by the High Court and this Court had also declined to interfere with it. In support of this review petition, it is submitted…
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