Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)---S. 13---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether statement of pre-emptor by itself would be sufficient to prove Talb-i-Muwathibat and that he would not be required to produce any other witness in that respect. Abdul Ghias v. Syed Haji Taj Muhammad and 42 others PLD 1995 Quetta 1 ref. (b) Precedent--- ----Application, of rule laid down in a ---No inflexible rule can be laid down for application of a rule enunciated in a to each and every case, as each case proceeds on its own diverse facts. (c) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Pre-emption suit--­.Talb-i-Muwathibat---Proof of---Solitary statement of pre-emptor ---Failure to produce witness in whose presence Talb-i-Muwathibat was made ---Effect--­Pre-emptor though had named a person in whose presence Talb-i-Muwathibat was made but that person was not produced as witness before the Trial Court---Trial Court decreed the suit on the solitary statement of the pre­emptor regarding making of Talb-i-Muwathibat---Appellate Court having found Talb-i-Muwathibat as not proved dismissed the suit and such finding of Appellate Court was affirmed by High Court in exercise of revisional jurisdiction---Validity---Legal presumption in the absence of any explanation by pre-emptor as to why the witness was withheld from examining as his witness would be that in case the witness had been produced, his deposition must have been against the pre-emptor ---Supreme Court declined to interfere with concurrent conclusion reached by the Appellate Court and High Court. Abdul Ghias v. Syed Haji Taj Muhammad and 42 others PLD 1995 Quetta 1 and Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360 distinguished. Abdul Malik v. Muhammad Latif 1999 SCMR 717; Muhammad Gul v. Muhammad Afzal 1999 SCMR 724; Amir Jan and others v. Haji Ghulam Muhammad PLD 1997 SC 883; Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360; Rana Muhammad Tufail v. Munir Ahmed PLD 2001 SC 13 and Amir Jan and others v. Haji Ghulam Muhammad PLD 1997 SC 883 ref. JUDGMENT ABDUR…

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