| Case ID |
0ad48f40-507b-4b3a-a7e6-b82b29ca44fa |
| Body |
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| Case Number |
Civil Revision No.799-D of 2010 |
| Decision Date |
May 03, 2013 |
| Hearing Date |
May 03, 2013 |
| Decision |
The Lahore High Court dismissed the civil revision petition filed by the petitioners against the judgments and decrees of the lower courts. The court found that the petitioners failed to provide adequate proof regarding the performance of Talb-i-Muwathibat and Talb-i-Ishhad as required by law. The court emphasized that the personal act of making Talb-i-Muwathibat must be proven by the individual appearing as a witness or by a properly appointed attorney. The petitioners did not establish their right of pre-emption based on contiguity as they failed to provide sufficient evidence linking their property to the suit property. Additionally, the court noted that no acknowledgment of service for the notices was produced, thus undermining the petitioners' claims. |
| Summary |
The case revolves around a civil revision petition filed by MUKHTIAR HUSSAIN and others against MANSOOB ALI KHAN and others regarding the right of pre-emption under the Punjab Pre-emption Act (IX of 1991). The petitioners sought to challenge the dismissal of their suit for pre-emption by lower courts. The Lahore High Court examined the requirements for proving Talb-i-Muwathibat and Talb-i-Ishhad, emphasizing that these must be established through valid evidence, including proper notice and personal testimony. The court found that the petitioners did not fulfill these legal requirements, leading to the dismissal of their petition. The decision highlights the importance of adhering to procedural legal standards in claims of pre-emption, particularly with respect to the proof of contiguity and the service of notices. This ruling is significant for legal practitioners and parties involved in property disputes, as it clarifies the evidentiary burdens in pre-emption cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIN-UD-DIN KHAN, J
|
| Lawyers |
Syed Muhammad Ali Shah Gillani,
Ch. Muhammad Anwar-ul-Haq
|
| Petitioners |
MUKHTIAR HUSSAIN and others
|
| Respondents |
MANSOOB ALI KHAN and others
|
| Citations |
2014 SLD 1612 = 2014 CLC 679
|
| Other Citations |
Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105,
Ghulam Abbas and another v. Manzoor Ahmad and another 2008 SCMR 1366
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991)
|
| Sections |
13
|