Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 185(3)---Islamic Law---Pre-emption---Leave to appeal was granted by Supreme Court to consider; whether in suits filed under Islamic Law, there was no requirement of proving Talb-i-Muwathibat; and whether Talb-i-Ishhad in presence of two witnesses only, was required to be proved and in such a case whether requirements of making the same through notice attested by two witnesses had been dispensed with and pre-emptor led evidence to prove Talb-i-Ishhad in presence of two witnesses which had been ignored on erroneous assumption of law that Talb-i-Muwathibat and Talb-i-Ishhad were required to be proved and the latter too through registered notice attested by two truthful witnesses. (b) Islamic Law--- ----Pre-emption right, exercise of---Requisite Talbs---Proof---Suit was filed in year 1990, during the interregnum when no law of pre-emption was in field---Trial Court as well as High Court concurrently dismissed the suit and appeal filed by pre-emptor on the ground that requisite Talbs were not proved in accordance with the injunctions of Islam---Validity--- Performance of requisite Talbs were mandatory and non-performance of any of them would result in dismissal of suit---Out of two witnesses of Talb-i-Ishhad, only one witness was examined which established that Talb-i-Ishhad was not performed in accordance with law---Even neither the time nor particulars, such, as date and place had been specifically mentioned by pre-emptor in the plaint claiming the right of pre-emption on the basis of being co-sharer in the property---Supreme Court declined to interfere with the judgment and decree passed by High Court---Appeal was dismissed. Government of N.-W.F.P. through Secretary, Law Department v. Malik Said Kamal Shah PLD 1986 SC 360 and Mian Pir Muhammad v, Faqir Muhammad (deceased) through L.Rs. and others C.A. No.1951 of 2000 rel. JUDGMENT ABDUL HAMEED DOGAR, J. --- This appeal with leave of the Court is directed against the judgment dated 29-2-2000 passed by learned Judge in Chambers of the Lahore High Court, Lahore, whereby R.F.A. No.114 of 1998 filed by appellant was dismissed. 2. Briefly, stated, facts giving rise to 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