| Citation(s) |
|---|
| 2004 SLG 1161 2004 SLD 1161 2004 SCMR 1394 |
Supreme Court of Pakistan
Civil Appeal No. 1008 of 2001, decision dated: 27-04-2004.(On appeal from the judgment/order of the Lahore High Court, Lahore, dated 10-4-2001, passed in Civil Revision No. 1331 of 1988)
SYED DEEDAR HUSSAIN SHAH KHALIL-UR-REHMAN RAMDAY AND FALAK SHER, JJ
Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court, Kh. Muhammad Farooq, Advocate Supreme Court and. M.A. Zaidi, Advocate-on-Record for Appellants. Agha Tariq Mehmood, Advocate Supreme Court for
Respondents
Civil Appeal No. 1008 of 2001, decision dated: 27-04-2004.(On appeal from the judgment/order of the Lahore High Court, Lahore, dated 10-4-2001, passed in Civil Revision No. 1331 of 1988)
SYED DEEDAR HUSSAIN SHAH KHALIL-UR-REHMAN RAMDAY AND FALAK SHER, JJ
Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court, Kh. Muhammad Farooq, Advocate Supreme Court and. M.A. Zaidi, Advocate-on-Record for Appellants. Agha Tariq Mehmood, Advocate Supreme Court for
Respondents
MUHAMMAD DIN through Legal Heirs
VS
NAZIR MUHAMMAD through Legal Heirs
Law:
Section:
Punjab Pre-emption Act (I of 1913)---S.21---Qanun-e-Shahadat (10 of 1984), Art. 114---Constitution of Pakistan (1973), Art.185(3)---Right of pre-emption, exercise of--¬Principle of estoppel and waiver ---Proof---Pre-emption suit was decreed by Trial Court in favour of pre-emptors ---Appellate Court allowed appeal and dismissed the suit for the reason that the pre-emptors were estopped by their words and conduct from filing the suit---High Court in exercise of revisional jurisdiction set aside, the and decree passed by the Appellate Court and the suit was decreed---Plea raised by vendee was that the High Court did not consider the point of waiver--¬Validity---High Court had rightly observed that in order to support the plea of estoppel or waiver very cogent evidence was to be led reflecting the person's conduct clearly indicative of abandonment of his rights---To deprive a person of any legal right that he possessed there must be clear and cogent evidence on record justifying such order of the Court and mere oral statements of a few witnesses deposing about certain circumstances from which it might be possible to infer that the prospective pre-emptor had knowledge of the sale, would not be enough to prove that the pre-emptor had positively relinquished the enforcement of his right---Judgment passed by High Court did not call for any interference by Supreme Court---Leave to appeal was refused. Jam Pari v. Muhammad Abdullah 1992 SCMR 786; Baqri and others v. Salehon and other PLD 1972 SC 133; Naseer Ahmad v. Arshad Ahmad PLD 1984 SC 403 and Kidar Nath and others v. Bhag Singh and others AIR 1937 Lah. 504 ref. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.--------This appeal is directed against the judgment of the Lahore High Court, Lahore, dated 10-4-2001, passed in Civil Revision No. 1331 of 1988. 2. Briefly stated the facts of the case are that the appellants purchased the land measuring 264 Kanals 9 Marlas vide registered sale deed, dated 12-2-1974 for a consideration of Rs.67000. Nazir Ahmed, predecessor-in-interest of the respondents, filed a pre-emption suit for possession of the suit-land. Appellants contested the suit. The learned trial Court after framing…
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