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

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JAMSHED VS NOOR HAYAT S.13---Suit for pre-emption---Superior right of pre-emptor---Scope---Plaintiff claimed superior right of pre-emption being owner of the property contiguous to suit-property---Contention of the petitioner/plaintiff was that he had produced documentary evidence (extract of jamabandi/record-of-rights etc. ) to prove his claim ---Held, that all Khasra numbers mentioned/incorporated in the extract ( of jamabandi produced by the plaintiff) pertained to "Shamilat Akazai" and he had not produced the list of " proprietary body " /" Fihrist-i-Malikan " which could determine the status of petitioner as to whether he was original owner (Asal Malik) or Malik-e-Qabza---Mere placing on record the extract from jamabandi could not ipso facto be a conclusive proof of plaintiff's ownership in the "Shamilat", thus said extracts of jamabandi were not helpful to him ---Even " Aks Shajra kishtwar " produced by the plaintiff was without any proof that in which Khasra he was the owner, so the same had also not contributed any premium to him---Plaintiff had alleged to become owner of property contiguous to the suit-property by virtue of a Iqrarnama but he had not produced marginal witnesses and vendor of the said Iqrarnama ---Record showed petitioner placed his documents on record through his solitary statement which (act) was objected by the defendant so the plaintiff was required, under the circumstances, to establish his case through well-founded and credible evidence---Plaintiff could not prove his preferential right of pre-emption---No illegality or infirmity was found in the impugned decrees and judgments passed by both the Courts below---Revision petition was dismissed in limine, in circumstances.

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

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