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KHAN MUHAMMAD vs MUHAMMAD SADIQ Ss — 2022 CLC 1891 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 1891 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
KHAN MUHAMMAD vs MUHAMMAD SADIQ Ss
Subject matter
Civil

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

KHAN MUHAMMAD VS MUHAMMAD SADIQ Ss.13 & 30---Suit for pre-emption---Limitation---Scope---Defendant/vendee in a suit for pre-emption claimed that he had purchased the land vide sale receipt by making advance payment, when allegedly possession was also delivered to him, whereas remaining sale price was paid at the time of attestation of sale deed, thus institution of suit beyond one year of the basic sale was time barred---Validity---Onus probandi was upon the defendant to prove that the sale indeed was basically effected upon payment of advance payment---On his part there was his solitary statement, who being witness tendered receipt, which did not find mention that possession was also delivered thereunder---Neither original vendor nor anyone out of two marginal witnesses of sale deed despite availability were produced---Sale deed was found mute as well qua any prior deal, whereas none of the copies of khasra girdawaries were got exhibited by the defendant to expose that possession under purported sale was ever delivered---Mere exhibition of receipt was of no help to the latter to hold that suit was barred by time---Contention of the defendant was turned down---Second appeal was dismissed, in circumstances.

Other judgments reported in 2022 CLC

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