| Case ID |
225ac7f0-b052-4c17-b29d-06d3c08cd3f4 |
| Body |
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| Case Number |
Regular Second Appeal No. 1,96 of 1983 |
| Decision Date |
Oct 24, 2000 |
| Hearing Date |
Oct 24, 2000 |
| Decision |
The court dismissed the appeal, holding that the appellants failed to prove their relationship with the vendor. The evidence presented, including oral testimonies and the pedigree-table, was found inadequate. The court emphasized the importance of establishing a clear connection through admissible evidence under Article 64 of the Qanun-e-Shahadat Order, 1984. The appellants were unable to substantiate their claims of being collaterals of the vendor, leading to the conclusion that the suit for pre-emption was rightly dismissed. |
| Summary |
This case revolves around the issue of pre-emption rights under the Punjab Pre-emption Act. The appellants claimed that they had a superior right of pre-emption based on their alleged relationship with the vendor. However, the court found that the evidence presented was insufficient to establish this relationship, particularly the pedigree-table, which lacked necessary details. The court highlighted the criteria for admissibility of evidence concerning familial relationships under the Qanun-e-Shahadat. Ultimately, the appeal was dismissed, reinforcing the necessity of concrete evidence in pre-emption cases. This case underscores the complexities surrounding property rights and the legal standards for proving familial connections, making it crucial for future litigants to understand the evidentiary requirements in similar cases. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
MIAN SAQIB NISAR, J
|
| Lawyers |
Ch. Muhammad Anwar Bhindar,
Hasnat Ahmad Khan
|
| Petitioners |
,
ATTA MUHAMMAD
|
| Respondents |
BAHADAR through Legal Heirs
|
| Citations |
2001 SLD 2430,
2001 CLC 725
|
| Other Citations |
Rehman v. Noora through his Legal Heirs 1996 SCMR 300,
Muhammad Naeem and others v. Ghulam Muhammad 1994 SCMR 559,
Ahmed and others v. Allah Diwaya and others 1998 SCMR 386,
Ghulam Muhammad and others v. Allah Yar and others PLD 1965 (W.P.) Lah. 482,
Shah Nawaz and others v. Nawab Khan PLD 1976 SC 767
|
| Laws Involved |
Qanun-e-Shahadat,
Punjab Pre-emption Act
|
| Sections |
64,
6
|