| Case ID |
2e85acd5-ae49-435e-b02a-101acfd105ce |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No.344 of 2002 |
| Decision Date |
Jul 12, 2006 |
| Hearing Date |
Jul 12, 2006 |
| Decision |
In the case of MUHAMMAD AKRAM and anothers vs. Mst. FARIDA BIBI and 10 others, the Lahore High Court dismissed the petition filed under Civil Revision No.344 of 2002 on July 12, 2006. The petitioner, MUHAMMAD AKRAM, challenged the lower court's decision which had dismissed the pre-emption suit filed by the respondents, Mst. FARIDA BIBI, based on the Punjab Pre-emption Act (IX of 1991) and Qanun-e-Shahadat (10 of 1984). The court examined the validity of the Talb-i-Muwathibat and Talb-i-Ishhad conducted by the respondents, considering the testimonies of the interested witnesses. Despite one marginal witness being unavailable, the court found the existing evidence trustworthy and sufficient to uphold the respondents' superior right of pre-emption. Additionally, the court reviewed the Aks Shajra presented as evidence, confirming that the properties in question were adjacent with a common passage, thereby reinforcing the respondents' claim. The petitioner argued the absence of independent evidence and the non-examination of certain witnesses; however, the court did not find these arguments compelling enough to overturn the lower court's findings. Consequently, the petition was dismissed, affirming the legality of the respondents' pre-emption rights. |
| Summary |
In the landmark case of MUHAMMAD AKRAM and anothers versus Mst. FARIDA BIBI and 10 others, adjudicated by the Lahore High Court under Civil Revision No.344 of 2002, the court delved into the intricacies of pre-emption rights as governed by the Punjab Pre-emption Act (IX of 1991) and Qanun-e-Shahadat (10 of 1984). The case, heard on July 12, 2006, centered around a pre-emption suit filed by Mst. FARIDA BIBI, who asserted her superior right to pre-empt the sale of a 76 Kanal, 18 Marla land parcel adjacent to her property.
The petitioner, MUHAMMAD AKRAM, contested the suit on the grounds that the evidence presented by the respondents lacked independence, particularly questioning the authenticity of the Talb-i-Muwathibat and Talb-i-Ishhad. The petitioner highlighted the absence of testimony from Muhammad Ali, one of the key witnesses, who was unavailable due to being abroad. Despite these challenges, the Lahore High Court meticulously reviewed the evidence, including the Aks Shajra (Exh.P.5) submitted to substantiate the adjacency of the properties and the existence of a common passage.
The court emphasized the credibility of the existing witnesses, especially the testimonies of Saad-ul-Malook and Muhammad Saleh, who corroborated the occurrence of the Talbs in the presence of Mst. FARIDA BIBI. The absence of Muhammad Ali's testimony was addressed by the court, which considered the statement made by Saad-ul-Malook regarding Muhammad Ali's unavailability as sufficient to maintain the integrity of the evidence.
Furthermore, the court analyzed the legal provisions cited, particularly focusing on Section 13 and Section 6 of the Punjab Pre-emption Act, which empower pre-emptors in specific property transactions. The Qanun-e-Shahadat's Article 3 was also pivotal in determining the admissibility and weight of the verbal evidence provided.
After a comprehensive evaluation, the Lahore High Court concluded that the respondents had incontrovertibly established their superior right of pre-emption. The court found no substantial misinterpretations or omissions in the lower court's judgment that would warrant an interference in the revisional jurisdiction. Consequently, the petitioner's appeal was dismissed, thereby upholding the respondents' pre-emption rights over the contested property.
This case underscores the judiciary's role in upholding statutory provisions related to property rights while ensuring that evidentiary standards are meticulously adhered to. The decision reinforces the importance of proper documentation and witness testimonies in legal disputes concerning property pre-emption, offering a precedent for similar cases in the future. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR, J
|
| Lawyers |
Ch. Bashir Ahmad,
Taki Ahmad Khan
|
| Petitioners |
MUHAMMAD AKRAM and anothers
|
| Respondents |
Mst. FARIDA BIBI and 10 others
|
| Citations |
2006 SLD 2349,
2006 CLC 1878
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act (IX of 1991),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
13,
6,
Art.3
|