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FAROOQ AHMAD vs RASHID AHMAD S — 2022 YLR 1184 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLR 1184 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
YLR
Parties
FAROOQ AHMAD vs RASHID AHMAD S
Subject matter
Civil
Provisions referred to
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

FAROOQ AHMAD VS RASHID AHMAD S.13(2)---Suit for possession through pre-emption--- Talb -i- Muwathibat---Exchange or sale---Proof---Petitioner-pre-emptor filed suit on the plea that transaction in question was in fact a sale and not exchange---Trial Court and Lower Appellate Court concurrently dismissed suit and appeal filed by petitioner-pre-emptor--- Petitioner-pre-emptor contended that value and area of exchanged property were disproportionate and transaction was given colour of exchange to defeat right of pre-emption---Validity---Intention of parties was to be gathered from contents of document and ostensible exchange transaction should not be dis-believed unless it was established positively that the same was in fact a sale transaction---To controvert ostensible nature of transaction of exchange and to prove it as a sale, petitioner-pre-emptor was required to lead some evidence to show as to when parties to the exchange agreed for sale but with an object to circumvent right of petitioner pre-emptor and diverted the transaction as exchange---Evidence led by petitioner-pre-emptor was vague and sketchy---No proof of date, day, time, place and nature of negotiations between respondents-defendants regarding sale was available---No witness produced in whose presence, price was settled or paid by respondents-defendants---Entire evidence was hearsay evidence and not sufficient to prove transaction of sale---Once it was established that at the time of institution of suit, vendees by way of exchange mutation diverted rights in the property but petitioner-pre-emptor did not even fulfil requirements of "Talb" under S.13(2) of Punjab Pre-emption Act, 1991---Revision was dismissed, in circumstances.

Other judgments reported in 2022 YLR

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