| Case ID |
07f0409c-d612-4df6-8644-6353b479556e |
| Body |
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| Case Number |
Civil Revision No. 709-D of 2009 |
| Decision Date |
Nov 10, 2009 |
| Hearing Date |
Nov 10, 2009 |
| Decision |
The Lahore High Court dismissed the civil revision filed by Muhammad Ishaq against the judgments of the lower courts regarding a pre-emption suit. The court upheld the concurrent findings of fact that the petitioner failed to prove the necessary elements for talb-e-muwathibat and talb-e-ishhad as required under the Punjab Pre-emption Act, 1991. The judgment concluded that the decisions of the lower courts were based on a proper appraisal of evidence, and there were no jurisdictional defects found in the orders. The dismissal of the civil revision was based on the principle that unless a jurisdictional error is present, the High Court cannot interfere with concurrent findings of two lower courts. |
| Summary |
In the case of Muhammad Ishaq vs. Manzoor Ahmad and Others, the Lahore High Court addressed issues surrounding the Punjab Pre-emption Act, 1991, particularly focusing on the performance of talb-e-muwathibat and talb-e-ishhad in a civil revision context. The petitioner, Muhammad Ishaq, sought to overturn the decisions of the lower courts that dismissed his pre-emption suit concerning land ownership. The court emphasized the importance of proving the performance of talbs, which are essential for establishing a pre-emption claim. With the actual sale price of the disputed property being manipulated to defeat the plaintiff's right to pre-emption, the court found that the evidence presented did not substantiate the claims made by the petitioner. The ruling highlighted the necessity for strict adherence to procedural requirements in pre-emption claims, reiterating that without clear evidence of the required notifications and actions, the courts would be unable to grant relief. This case serves as a critical reminder of the legal standards necessary to succeed in pre-emption suits and the weight of concurrent judicial findings in appeals. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
HAFIZ ABDUL REHMAN ANSARI,
MUHAMMAD ISHAQ
|
| Lawyers |
Ch. Muhammad Sana-ul-Haq
|
| Petitioners |
MUHAMMAD ISHAQ
|
| Respondents |
MUHAMMAD AMIN,
MANZOOR AHMAD
|
| Citations |
2010 SLD 1077,
2010 PLJ 138
|
| Other Citations |
PLD 2007 SC 302,
2007 SCMR 926,
2007 SCMR 270,
PLD 2005 SC 418,
2003 SCMR 83
|
| Laws Involved |
Punjab Pre-emption Act, 1991,
Civil Procedure Code (V of 1908)
|
| Sections |
13,
115
|