KHALIL ULLAH alias Khalil vs AWAS KHAN S — 2021 CLC 456 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 456 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: KHALIL ULLAH alias Khalil vs AWAS KHAN S
Subject matter: Criminal
Provisions referred to: S. 13---P

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

KHALIL ULLAH alias Khalil VS AWAS KHAN S.13---Pre-emption, right of---Talb-e-Mawathibat---Scope and proof ---Departure from pleadings not permissible---Record showed that plaintiff, in his examination-in-chief had stated the date of performance of Talb-e-Mawathibat, which was in negation of his stance in the plaint---Plaintiff also testified that informer gained the knowledge of the disputed sale mutation on the day of its attestation, who appraised him on the same day of the alleged sale transaction---If the evidence was seen in juxtaposition with the plaint, it could be noticed that the sale mutation under pre-emption had been attested 8 days prior to the date mentioned by the plaintiff---Lapse of eight days in performing Talb-e-Mawathibat was fatal to right of pre-emption and the claim of the plaintiff/petitioner also failed on said account---Plaintiff failed to establish his case by producing truthful witnesses and there were strong contradictions between the stance of the plaintiff and his witnesses---High Court observed that, even if it was admitted that the plaintiff performed and proved Talb-e-Ishhad, non-proving of primary Talb i.e. Talb-e-Mawathibat was sufficient to disbelieve the version of the plaintiff as performance and proving of all Talbs were essential in order to succeed in such suit---No illegality or infirmity was found in the judgment and decree passed by both the Courts below---Revision petition was dismissed in limine in circumstances.

Other judgments reported in 2021 CLC

2021 CLC 2042 PESHAWAR-HIGH-COURTAMIR ZADA VS Mian ZAMIN KHAN Non-obstante clause, over-riding factor of---Non-obstante clause was a legislative tool employed to give an ove…
2021 CLC 2042 PESHAWAR-HIGH-COURTAMIR ZADA VS Mian ZAMIN KHAN Procedural laws, retrospective effect of---Procedural laws normally have a retrospective effect, unless provide…
2021 CLC 746 PESHAWAR-HIGH-COURTMst. BIBI ROZA VS WALI-UR-REHMAN S.12(2)---application under S.12(2) C.P.C---Framing of issues---Scope---Though application under S.12(2) of…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB S.122---Specific Relief act (I of 1877), Ss.42 & 12---"Gift"---Counter deeds---Registered document, evidentiary val…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB 'Hiba', defined---Essentials of---Delivery of possession, over-riding effect of---Hiba was an unconditional transfe…
2021 CLC 1813 SUPREME-COURT-AZAD-KASHMIRTAHIR AYUB VS NAEEM AYUB 'Gift', essentials of---Declaration, delivery of possession and without consideration---Any deed which involved any…

Back to the case-law library · Search Pakistani case law in Urdu or English