| Citation(s) |
|---|
| 1993 SLG 331 1993 SLD 331 1993 PLD 391 |
Supreme Court of Pakistan
Civil Appeal No.50-0 of 1990, decision dated: 17-01-1993 (On appeal from the judgment/order dated 4-4-1990 of the High Court of Balochistan, Quetta passed in C.R.No.262 of 1989).
MUHAMMAD AFZAL ZULLAH, C.J., SALEEM AKHTAR AND WALI MUHAMMAD KHAN, JJ
SA.M. Quadri, Advocate-on-Record for Appellant. Raja M. Afsar, Advocate-on-Record Nos. 1 to 5.
Respondents Nos. 6 and 7. Ex parte.
Civil Appeal No.50-0 of 1990, decision dated: 17-01-1993 (On appeal from the judgment/order dated 4-4-1990 of the High Court of Balochistan, Quetta passed in C.R.No.262 of 1989).
MUHAMMAD AFZAL ZULLAH, C.J., SALEEM AKHTAR AND WALI MUHAMMAD KHAN, JJ
SA.M. Quadri, Advocate-on-Record for Appellant. Raja M. Afsar, Advocate-on-Record Nos. 1 to 5.
Respondents Nos. 6 and 7. Ex parte.
Haji Syed ABDUL HALEEM SHAH
VS
WALI DAD and others
Law:
Section:
(a) Muhammadan Law------ Constitution of Pakistan (1973), Art.185(3) --- Suit for pre- emption- -Question of Talabs --- Leave to appeal was granted in view of the fact that Majlis-e-Shoora had found evidence on Talab-i-Mawathibat deficient while the High Court by the impugned had found evidence on Talb-iIshhad deficient; petitioner had referred to the evidence on record to establish that there was deficiency in neither. (b) Muhammadan Law-- ---- Pre-emption --- Talb-i- Ishhad --- Mode of making --- Talb-i-Ishhad has to be made either in the presence of buyer, or the seller if he was still in possession or on the premises which were the subject-matter of sale and in the presence of at least two witnesses --- Essential requirements of Talb -i-I shhad having not been established by the pre-emptor, he had lost his right of pre emption. JUDGMENT WALT MUHAMMAD KHAN, J.-- The instant appeal, through leave of the Court, is directed against the judgment of the High Court of Balochistan 1993 Muhammad Khan v. Zakir Hussain SC 393 dated 4-4-1990, whereby the revision' petition riled by Haji Syed Abdul Haleem Shah, appellant herein, against the judgment and decree dated 16-12-1089 passed by Majlis-e-Shoora, Kalat at Mastung, was dismissed. The leave granting order is as follows- "Leave to appeal is granted in view of the fact that the Majlis-e-Shoora have found evidence on Talab-e-Mowasibat deficient while the High Court by the impugned judgment has found evidence on Talab-cIshhad deficient. The learned counsel for the petitioner has referred to the evidence on record to establish that there was deficiency in neither." The Facts of the case, brifly stated, arc that the appellant filed a suit for possession through pre-emption against Haji Noorullah, predecessor -in interest of the respondents in the Court of Assistant Commissioner Dalbandin under the provisions of Balochistan Civil Disputes Shariat Application Regulation, 1976. The defendant contested the suit whereupon the Assistant Commissioner, Dalbandin referred the matter to Qazi for decision according to law. After recording such of the evidence ' 'as the parties wished to adduce before it, the learned trial…
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