MUHAMMAD RAFIQ vs ABDUL AZIZ O — 2021 SCMR 1805 SUPREME-COURT

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MUHAMMAD RAFIQ VS ABDUL AZIZ O. VI, R. 1---Pleadings---Scope---Pleadings could not be considered or equated with the evidence of the parties. Citation Name: 2021 SCMR 1805 SUPREME-COURTBookmark this Case MUHAMMAD RAFIQ VS ABDUL AZIZ art. 133---Material point of statement of a witness not cross-examined---Effect---Such point would be deemed to have been admitted by the other side. Citation Name: 2021 SCMR 1805 SUPREME-COURTBookmark this Case MUHAMMAD RAFIQ VS ABDUL AZIZ No one can be prejudiced by an act of the Court. Citation Name: 2021 SCMR 1805 SUPREME-COURTBookmark this Case MUHAMMAD RAFIQ VS ABDUL AZIZ S. 15(1)(a)---Right of pre-emption based on relationship/Yak-jaddi---Conduct of pre-emptor---Significance---Suit for pre-emption was filed by plaintiff-son for suit property sold by his father-vendor---Question as to whether there was collusion between the father (vendor) and son(pre-emptor)---Held, that plaintiff-pre-emptor was the real son of the vendor and they lived in the same house---Just after the sale of the suit lands in favour of the appellant-vendee other land was purchased in another district in the name of the plaintiff/pre¬-emptor and his brother, which the vendee claimed was purchased from the consideration amount of the suit land, showing collusion between the father and son (vendee and pre-emptor respectively)---Sarbrah Lumberdar appearing as witness for the vendee stated that suit property was sold with the consultation of the plaintiff/pre-emptor with his father-vendor---Another witness of the appellant-vendee stated that the bargain was struck with the vendor and the plaintiff and the money was paid to both of them---Said important portions of these statements were not cross-examined by the plaintiff-pre-emptor, hence, deemed to have been admitted---Furthermore when plaintiff appeared as his own witness he did not utter anything regarding his superior right of pre-emption qua the appellant-vendee, which was fatal to his case as he could not get a decree without claiming so---Pre-emptor had not come to the court with clean hands---Appeal was allowed with the consequence that suit for pre-emption filed by plaintiff was dismissed with costs throughout.

MUHAMMAD RAFIQ vs ABDUL AZIZ O — 2021 SCMR 1805 SUPREME-COURT

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