| Case ID |
43bf636a-f850-4260-8649-f38647b4b8b6 |
| Body |
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| Case Number |
R.S.A No. 26 of 2011 |
| Decision Date |
Mar 26, 2024 |
| Hearing Date |
Mar 26, 2024 |
| Decision |
The appeal was allowed based on the failure of the respondent to prove the performance of the requisite legal acts concerning pre-emption. The respondent was unable to establish that they had fulfilled the requirements of 'Talb-i-Ishhad' and 'Talb-i-Muwathibat', which are critical under the Punjab Pre-emption Act. The court found significant contradictions in the testimonies of the witnesses presented by the respondent, which undermined their case. The initial dismissal of the suit by the trial court was upheld, reversing the appellate court's decision which had favored the respondent. Hence, the judgment decree dated 04.03.2011 of the appellate court was set aside, reinstating the trial court's decree dated 11.11.2010. |
| Summary |
This case revolves around the legal principles of pre-emption under the Specific Relief Act and the Punjab Pre-emption Act. The core issue was whether the respondent had adequately demonstrated the performance of necessary legal notifications to exercise their pre-emption rights over a property sale. The court emphasized the importance of credible witness testimony and the necessity for the respondent to prove service of notices, which were not established convincingly. The decision highlighted the legal standards for pre-emption claims and the evidentiary burden on the plaintiff to substantiate their claims with reliable evidence. The ruling reinforces the critical nature of procedural compliance in property law disputes, particularly in pre-emption cases where the rights of parties are closely scrutinized. |
| Court |
Lahore High Court, Multan Bench
|
| Entities Involved |
Not available
|
| Judges |
Ch. Muhammad Iqbal, J.
|
| Lawyers |
Mr. Muhammad Masood Bilal, Advocate for Appellants.,
Malik Zafar Mehboob Langrial and Malik Ghulam Sarwar Langrial, Advocate for Respondents.
|
| Petitioners |
ASHIQ HUSSAIN etc.
|
| Respondents |
IQBAL HUSSAIN
|
| Citations |
2024 SLD 4057,
2024 PLJ 142
|
| Other Citations |
2013 SCMR 866,
2007 SCMR 1491,
2011 SCMR 762,
2023 SCMR 1113,
2015 SCMR 1,
PLD 2007 SC 26,
2019 SCMR 524
|
| Laws Involved |
Specific Relief Act, 1877,
Punjab Pre-emption Act, 1991
|
| Sections |
9,
13
|