| Case ID |
2d7beae0-1e20-4d71-912c-bf64234e87bc |
| Body |
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| Case Number |
Civil Revision No. 948 of 2010 |
| Decision Date |
Feb 01, 2013 |
| Hearing Date |
Feb 01, 2013 |
| Decision |
The Lahore High Court dismissed the revision petition filed by Sheikh Rasheed Ahmed against the concurrent findings of the trial court and the appellate court, which had ruled that the petitioner failed to prove the notice of Talb-e-Ishhad was duly served as required under the Punjab Pre-emption Act, 1991. The courts found that the petitioner did not produce sufficient evidence, such as the receipt of acknowledgement-due or a postal employee, to substantiate his claims. The absence of such evidence led to the dismissal of the suit for pre-emption. |
| Summary |
In the case of Civil Revision No. 948 of 2010 before the Lahore High Court, the petitioner Sheikh Rasheed Ahmed challenged the dismissal of his pre-emption suit concerning land ownership under the Punjab Pre-emption Act, 1991. The core issue revolved around the failure to provide evidence of serving notice of Talb-e-Ishhad to the respondent, Badar Zia. The court emphasized the necessity of proper service and the production of adequate proof, such as the acknowledgement receipt from the postal service. Despite the petitioner's claims, the court upheld the lower courts' decisions, highlighting the importance of adhering to procedural requirements in pre-emption cases. The judgment reinforces the legal principle that a pre-emptor must demonstrate compliance with statutory obligations to succeed in their claim, making it a significant ruling in property law and the interpretation of pre-emption rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RAUF AHMAD SHEIKH, J
|
| Lawyers |
Zafar Mehmood Mughal,
Tariq Mehmood Khalid
|
| Petitioners |
Sheikh RASHEED AHMED
|
| Respondents |
BADAR ZIA
|
| Citations |
2013 SLD 2885,
2013 YLR 2530
|
| Other Citations |
Munawar Hussain v. Sultan Ahmad and another 2008 SCMR 34,
Bashir Ahmed v. Ghulam Rasool 2011 SCMR 762,
Haji Noor Muhammad v. Abdul Ghani and 2 others 2000 SCMR 329,
Hayat Muhammad and others v. Mazhar Hussain 2006 SCMR 1410,
Ghulam Abbas and another v. Manzoor Ahmad and another 2008 SCMR 1366,
Muhammad Tariq and 4 others v. Asif Javed and another 2009 SCMR 240,
Humayun Naseer Cheema and 3 others v. Muhammad Saeed Akhtar and others 2007 CLC 819,
Wali Khan v. Noor Ahmad and another 2006 CLC 1715,
Ghulam Abbas v. Manzoor Ahmed and another PLD 2004 Lah. 125
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991)
|
| Sections |
13
|