JAMSHED vs NOOR HAYAT S — 2021 CLC 637 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 637 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: JAMSHED vs NOOR HAYAT 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

JAMSHED VS NOOR HAYAT S.13---Suit for pre-emption---Talb-e-Ishhad---Scope and proof---When the defendant had categorically stated that no Talb-e-Ishhad was made, then the plaintiff was legally required to prove that not only the notice ( of Talb-e-Ishhad ) was scribed but the same was served upon the respondent/vendee also---Postman was, admittedly, not produced in the present case and record clerk post office was produced who adduced that neither he booked the registered letter nor delivered the same---Another witness produced by the plaintiff as the record keeper stated in his evidence that he was appointed as peon in the post office who neither received registered letter/notice nor delivered the same---"Acknowledgment Due" card, placed on file, bore a signature on its overleaf, however, the document/sale-deed, by virtue of which the property was purchased by the respondent/vendee, bore his thumb-impression---Special attorney of respondent got the sale-deed exhibited in his evidence but regarding signature and thumb-impression no question was put to him (special attorney)---Suit was rightly dismissed.

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