SAID-UR-REHMAN vs RAJ MUHAMMAD S — 2021 CLC 1206 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 1206 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: SAID-UR-REHMAN vs RAJ MUHAMMAD S
Subject matter: Civil
Provisions referred to: S. 13---S

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAID-UR-REHMAN VS RAJ MUHAMMAD S. 13---Suit for pre-emption--- Talb-i-Ishhad ---Scope and proof--- Postman not produced in evidence by the pre-emptor---Effect---Two pre-emptors filed separate suits for possession through pre-emption, however, the vendee entered into compromise with one of them---Contention of the petitioner/rival pre-emptor (with whom the vendee had not entered into compromise) was that the vendee had refused to receive the notice of Talb-i-Ishhad from the postman---Validity---Vendee had categorically denied the refusal or receipt of notice of Talb-i-Ishhad---When it was alleged that vendee had refused to receive the notice of Talb-i-Ishhad from the postman then the pre-emptor was required to prove sending of said notice to the vendee---Even if the vendee had admitted the receipt of notice of Talb-i-Ishhad, the pre-emptor was required to prove sending of the same ---For proving the factum of notice of Talb-i-Ishhad, the production of postman before the Trial Court was inevitable--- Non-production of the postman or his predecessor-in-office by the rival pre-emptor was fatal to his case---Talb-i-Ishhad was not proved, in the present case, as required by the law so the pre-emptor was not entitled for decree and was rightly non-suited by both the Courts below---Concurrent findings to that effect could not be reversed being not perverse, against the law and fact---High Court decreed the suit of the petitioner/pre-emptor in whose favour the vendee had entered into a written compromise---Revision petition of the said pre-emptor was allowed and that of the rival pre-emptor was dismissed, in circumstances.

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