| Case ID |
1aab7e21-ec0c-4067-9d63-ac0fa27bd4df |
| Body |
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| Case Number |
Civil Revision No. 1939 of 2011 |
| Decision Date |
Jun 24, 2011 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the civil revision filed by the petitioner against the judgments and decrees passed by the lower courts. The petitioner failed to prove the requirements of the talbs as mandated by the Punjab Pre-emption Act, 1991. The court noted that the petitioner did not adequately demonstrate the exercise of his right of pre-emption and did not provide sufficient witnesses to support his claims. The findings of the lower courts were based on a thorough consideration of the evidence presented, and the appellate court's decision to uphold the trial court's dismissal was affirmed. The court emphasized that the talb-e-Muwathibat must be announced in the presence of the informer and two witnesses, which was not established in this case. Consequently, the revision was dismissed in limine. |
| Summary |
In the case of Civil Revision No. 1939 of 2011, the Lahore High Court examined the validity of a pre-emption claim under the Punjab Pre-emption Act, 1991. The petitioner, represented by Muhammad Naveed Shabbir Goraya, sought to overturn the dismissal of his suit for possession through pre-emption by the lower courts. The court found that the petitioner did not comply with the legal requirements for the exercise of pre-emption rights, specifically failing to announce his claim in the presence of the required witnesses. The judgment highlighted the importance of adhering to procedural norms in pre-emption cases and reinforced the principle that claims must be substantiated by credible evidence. The ruling serves as a significant precedent for future pre-emption claims, emphasizing the necessity of proper legal representation and thorough documentation in such matters. Keywords such as 'Punjab Pre-emption Act', 'legal rights', 'property law', and 'court decisions' are crucial for understanding the implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. SHAHID SAEED,
MUHAMMAD RAFIQUE
|
| Lawyers |
Muhammad Naveed Shabbir Goraya
|
| Petitioners |
Muhammad Naveed Shabbir Goraya
|
| Respondents |
MUHAMMAD SHAFIQUE AND OTHERS
|
| Citations |
2013 SLD 1244,
2013 MLD 31
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act, 1991
|
| Sections |
13
|