| Case ID |
2e8e06e4-2bab-4dc9-85cc-33f4e919839c |
| Body |
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| Case Number |
Civil Revision No. 646-D of 2012 |
| Decision Date |
Jun 16, 2017 |
| Hearing Date |
Jun 16, 2017 |
| Decision |
The Lahore High Court accepted the civil revision petition filed by the petitioners, MST. AMNA BI and others, and set aside the judgments and decrees of the lower courts. The court found that the respondent, MST. NASEEM AKHTAR, failed to establish the performance of Talbs as required under the Punjab Pre-emption Act, 1991. The court emphasized that the respondent's attorney did not provide complete evidence regarding the place of making the Talb and the necessary witnesses were not produced. As a result, the suit for possession through the right of pre-emption filed by the respondent was dismissed. |
| Summary |
In the case of MST. AMNA BI and others vs. MST. NASEEM AKHTAR, the Lahore High Court reviewed the application of the Punjab Pre-emption Act, 1991 regarding the right of pre-emption. The court scrutinized the performance of Talbs, which are essential declarations made by a pre-emptor to exercise their right before the sale is completed. The court noted that the respondent's attorney did not adequately demonstrate the requirements of the law, particularly the specifics of the Talb's execution. The absence of critical witnesses, including the postman who served notices, was a significant factor in the decision. The court ultimately ruled in favor of the petitioners, reinforcing the necessity of adhering to legal standards in pre-emption claims. This case highlights the importance of proper legal representation and the implications of failing to meet the evidentiary burden in civil litigation, particularly in matters pertaining to property rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK SHAHZAD AHMAD KHAN
|
| Lawyers |
Ms. Raheela Butt
|
| Petitioners |
Others,
MST. AMNA BI
|
| Respondents |
MST. NASEEM AKHTAR
|
| Citations |
2018 SLD 1242,
2018 CLC 748
|
| Other Citations |
Mian Pir Muhammad and another v. Faqir Muhammad PLD -2007 SC 302,
Allah Ditta through L.Rs and others v. Muhammad Anar 2013 SCMR 866,
Muhammad Bashir and others v. Abbas Ali Shah 2007 SCMR 1105,
Bashir Ahmed v. Ghulam Rasool 2011 SCMR 762,
Province of Punjab through Chief Secretary and 5 others v. Malik Ibrahim and sons and another 2000 SCMR 1172,
Binyameen and 3 others v. Chaudhry Hakim and another 1996 SCMR 336,
Salma and another v. Manzoor Hussain and another 1996 CLC 623,
Mst. Salma Bibi v. Manzoor Hussain and others 1996 SCMR 1067,
Mst. Waziran alias Faiq Elahi v. Abdul Sattar and others 1996 CLC 682,
Muhammad Hanif v. Mst. Munawar Bi alias Munawar Noor1999 SCMR 2230,
Falak Sher Khan and another v. Mir Qalam Khan and another 1995 CLC 1077,
Mst. Lalan Bibi and others v. Muhammad Khan and others 2007 SCMR 1193
|
| Laws Involved |
Punjab Pre-emption Act, 1991
|
| Sections |
13
|