ASLAM PARVEZ (DECEASED) vs JAVED AKHTAR S — 2022 CLC 1628 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 CLC 1628 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: CLC
Parties: ASLAM PARVEZ (DECEASED) vs JAVED AKHTAR S
Subject matter: Civil
Provisions referred to: S. 13---S; S. 13; Punjab Pre-emption Act

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

ASLAM PARVEZ (DECEASED) VS JAVED AKHTAR S.13---Suit for pre-emption---Talb-i-Muwathibat---Proof---Not only the mention of the date, time and place of performance of Talb-i-Muwathibat in the plaint was a legal requirement, but also the plaintiff was legally bound to prove the same through cogent and trustworthy evidence before the Court because the contents of plaint could never be considered as evidence and by mentioning such details in the plaint , the plaintiff could not be absolved from the duty to prove the same through reliable and truthful evidence---Burden of proving Talb-i-Muwathibat, in the present case, had not been discharged in accordance with S.13 of the Punjab Pre-emption Act, 1991 ---Talb-i-Muwathibat was the foundation for exercise of right of pre-emption ---Without proving performance of Talb-i-Muwathibat, requirement of Talb-i-Ishhad, even if proved, would be of no consequence---Appeal of the pre-emptor was dismissed, in circumstances.

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