Sheikh ISHTIAQ AHMAD vs MUHAMMAD USMAN ALI SHEIKH S — 2021 SCMR 1277 SUPREME-COURT

Case information

Citation: 2021 SCMR 1277 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: Sheikh ISHTIAQ AHMAD vs MUHAMMAD USMAN ALI SHEIKH S
Subject matter: Civil
Provisions referred to: S. 6; Civil Procedure Code (V of 1908)

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

Sheikh ISHTIAQ AHMAD VS MUHAMMAD USMAN ALI SHEIKH S. 6(1)(c)---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for pre-emption---Shafi Jar---Proof---Plaint of suit not mentioning whether pre-emptor was owner of immovable property adjacent to the property sold---Effect---Rejection of plaint---Since the very foundation of the pre-emptor's claim was his ownership of the adjacent immovable property on the basis whereof he asserted superior pre-emptive rights of a Shafi Jar, it was necessary for him to assert his ownership, which was not only a material fact but an essential one---However the plaints did not state that the pre-emptor owned the immovable property, on the basis whereof he claimed rights of Shafi Jar to the two plots, and the same was the position with regard to his replies to the application under O. VII, R. 11, C.P.C.---No document was available on record which disclosed the pre-emptor's ownership to the immovable property on the basis of which he claimed the right of a Shafi Jar---As the plaints did not state that the pre-emptor was the owner of the adjacent property, therefore, he should not be permitted to lead evidence to assert and then to establish his ownership of the adjacent immovable property---Plaints in both suits were rejected under O. VII, R. 11, C.P.C.---Petitions for leave to appeal were converted into appeals and allowed.

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