| Citation(s) |
|---|
| 2008 SLG 1480 2008 SLD 1480 2008 SCMR 37 |
Supreme Court of Pakistan
Civil Petition No. 1575-L of 2004, decision dated: 9-03-2006.(Against the order, dated 19-4-2004 passed by Lahore High Court, Lahore, in Civil Revision No.1061 of 2004)
TASSADUQ HUSSAIN, JILLANI AND SYED, JAMSHED ALI, JJ
Zahid Hussain Khan, Advocate Supreme Court for Petitioner. Nemo for
Respondent
Civil Petition No. 1575-L of 2004, decision dated: 9-03-2006.(Against the order, dated 19-4-2004 passed by Lahore High Court, Lahore, in Civil Revision No.1061 of 2004)
TASSADUQ HUSSAIN, JILLANI AND SYED, JAMSHED ALI, JJ
Zahid Hussain Khan, Advocate Supreme Court for Petitioner. Nemo for
Respondent
Mst. RASOOLAN BIBI
VS
KHIZAR HAYAT
Law:
Section:
Punjab Pre-emption Act (IX of 1991)---Ss. 6 & 13---Constitution of Pakistan (1973), Art.185(3)---Suit for pre-emption---Failure to make Talbs --Petitioner's suit for pre-emption had been dismissed by the court of appeal and also by the High Court on the ground that evidence led to prove Talbs, being discrepant, was not worthy of credit--Plaint did not disclose the date, time and' witnesses before whom Talb-i-Muwathibat was made---With that deficiency in the plaint, it was imperative for the petitioner to lead cogent and convincing evidence to prove performance of Talbs---Evidence led in that behalf was discrepant and not worthy of credit---Supreme Court seized of petition under Art.185(3) of the Constitution, would not reappraise the evidence--Concurrent being unexceptionable, petition for leave to appeal was dismissed. Haji Noor Muhammad v. Abdul Ghani and 2 others 2000 SCMR 329 ref. ORDER TASSADUQ HUSSAIN JILLANI, J.--- Petitioner's suit for pre-emption has been dismissed by the two Courts below i.e. learned Court of appeal and also by High Court on the ground that the evidence led to prove Talbs, was discrepant and, therefore, not worthy of credit. 2. Petitioner's learned counsel impugns the judgments and decrees on the ground that both the Courts have failed to take note of the law declared by this Court in Haji Noor Muhammad v. Abdul Ghani and 2 others 2000 SCMR 329 and has…
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