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

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

SAID-UR-REHMAN VS RAJ MUHAMMAD S. 13---Qanun-e-Shahadat (10 of 1984, Art. 2(4)---Suit for pre-emption---Talb-i-Muwathibat---Scope and proof---Informer (a student) informed the pre-emptor on the way (outside the mosque) and not at his (pre-emptor's) abode---Two pre-emptors filed separate suits for possession through pre-emption, however, the vendee/defendant entered into compromise with one of them---Petitioner (pre-emptor with whom the vendee entered into compromise) contended that the Appellate Court had wrongly discarded his evidence observing the same as beyond imagination that why the informer (a student) informed the pre-emptor on the way (outside the mosque) and why not at home of the pre-emptor---Held, that the presumptions and speculations could be different in different minds, so the same should be avoided for the purpose of determining the factum of Talb-i-Muwathibat; rather the evidence and the manner in which the same was produced should be considered---If the evidence of the informer, pre-emptor and the witnesses of Talb-i-Muwathibat was in line but was discarded on the analogy that it seemed to be a drama that they had formed the Majlis for the pronouncement of Talb-i-Muwathibat and if the evidence was not supporting each other and the suit of the pre-emptor was dismissed on the ground of discrepancies/contradictions, then in such eventualities, the law would stand defeated---If the findings of the Appellate Court (as to why the pre-emptor was not informed at pre-emptor's home) was to be believed as true then it would mean that the information might not be given in the natural course but the informer should have waited and planned that the information would be given at home of pre-emptor---If Talb-i-Muwathibat was allowed to be analyzed on the basis of probabilities and presumptions then the suits would not be decided in accordance with law---Appellate Court also discarded Talb-i-Muwathibat performed by the rival pre-emptor without any proper appraisal of evidence---Witnesses of both the pre-emptors had given their statements in a comprehensive, direct and natural way and though they (witnesses) were cross-examined, not only by the vendee/defendant but also by the respective rival pre-emptor, but none of them had been able to create a dent in their statements---Talb-i-Muwathibat was rightly performed by the pre-emptor---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.

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

Case information

Judgment text as reported

Other judgments reported in 2021 CLC