| Case ID |
2e011ced-3eeb-4863-bfdb-0a26c9e49a9c |
| Body |
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| Case Number |
Civil Appeal No.329 of 1999 |
| Decision Date |
Jun 16, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal of the plaintiff, Muhammad Mal Khan, affirming the decision of the appellate court which had previously dismissed his suit for possession through pre-emption. The court found that the solitary statement of the plaintiff regarding Talb-i-Muwathibat was insufficient to establish his claim without corroborating evidence. The court emphasized the necessity of producing witnesses to substantiate claims of Talb-i-Muwathibat, and in this case, the failure to produce the mentioned witness, Tayyab Khan, raised a legal presumption against the plaintiff. As such, the concurrent conclusions reached by the appellate court and the High Court were upheld. |
| Summary |
In the case of Civil Appeal No.329 of 1999, the Supreme Court of Pakistan examined the application of the Punjab Pre-emption Act and the requirements for establishing Talb-i-Muwathibat. The case arose when Muhammad Mal Khan, the appellant, sought possession of land through pre-emption, claiming a superior right based on co-sharership. The original trial court had decreed the suit, but the appellate court dismissed it, leading to this appeal. The Supreme Court affirmed the appellate court's dismissal, emphasizing the importance of producing witnesses to validate claims of pre-emption. The decision highlights the legal principles surrounding pre-emption suits and the evidentiary standards required to prove Talb-i-Muwathibat. This case serves as a significant reference point for future pre-emption claims, illustrating the necessity for robust evidence in legal proceedings. Keywords: Punjab Pre-emption Act, Talb-i-Muwathibat, Supreme Court of Pakistan, pre-emption suits, evidentiary standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Abdur Rehman Khan,
Javed Iqbal
|
| Lawyers |
Raja Abdur Rahim Satti,
Mehr Khan Malik,
Qazi Muhammad Amin,
Ch. Akhtar Ali
|
| Petitioners |
Muhammad Mal Khan
|
| Respondents |
Allah Yar Khan
|
| Citations |
2002 SLD 1131,
2002 SCMR 235
|
| Other Citations |
Abdul Ghias v. Syed Haji Taj Muhammad and 42 others PLD 1995 Quetta 1,
Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360,
Abdul Malik v. Muhammad Latif 1999 SCMR 717,
Muhammad Gul v. Muhammad Afzal 1999 SCMR 724,
Amir Jan and others v. Haji Ghulam Muhammad PLD 1997 SC 883,
Rana Muhammad Tufail v. Munir Ahmed PLD 2001 SC 13
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991),
Constitution of Pakistan (1973),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
13,
185(3),
129(g)
|