| Citation(s) |
|---|
| 1998 SLG 1327 1998 SLD 1327 1998 SCMR 521 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 725-L of 1996, decision dated: 10-06-1996
SAAD SAOOD, JAN AND IRSHAD HASAN KHAN, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Civil Petition for Leave to Appeal No. 725-L of 1996, decision dated: 10-06-1996
SAAD SAOOD, JAN AND IRSHAD HASAN KHAN, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Mst. WAZIRAN alias FAIZ ELLAHI
VS
ABDUL SATTAR and 7 others
Law:
Section:
Punjab Pre-emption Act (IX of 1991)--S. 13---Constitution of Pakistan (1973), Art. 185(3)---Suit for pre-emption--Trial Court found that plaintiff had superior right being co-sharer and joint Khatedar of land in question, but dismissed suit on the ground that he had not fulfilled requirements of Talabs---Plaintiff's appeal as also his revision met the same fate---Validity---High Court on examination of evidence produced by plaintiff recorded finding that no reference was made to the Talab-i-Muwathibat while making Talab-i-Ishhad and that omission thereof, was fatal to claim of plaintiff---Leave to appeal was granted to examine whether averments made in specific para. of plaint and notice would indicate that plaintiff had performed all legal requirements of law as Talabs, contemplated by Punjab Pre-emption Act, 1991; whether notice in question expressly mentioned names of all respondents and same was duly served on them; and whether order of High Court was based on misreading of evidence. Ch. Muhammad Ashraf, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 10th June, 1996. ORDER IRSHAD HASSAN KHAN, J.---This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 seeks leave to appeal against the order, dated 8-11-1995 passed by the Lahore High Court, Multan Bench in Civil Revision No.281-D of 1995. 2. The petitioner/plaintiff instituted a suit for possession through preemption in respect of the suit land against the…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492