ASHFAQ AHMAD vs Mst — 2022 YLR 1373 LAHORE-HIGH-COURT-LAHORE

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ASHFAQ AHMAD VS Mst. KHURSHID BEGUM Ss. 13 & 14---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Talbs, performance of---Source of information, disclosure of---Suit for possession through pre-emption filed by respondent/ pre-emptor was decreed concurrently---Appellants contended that no notice of Talb-i-Ishhad ever received by them and that they were permanent residents of the UK but no notice was ever received on the given address---Validity---Pre-emptor stated in her plaint that, she was sitting along with her brother in parley/bethak of his house, she was informed by someone regarding the transaction---Both the witnesses appeared and got their statements recorded---One of the witnesses stated that he was special attorney of the plaintiff and produced special power of attorney---Respondent did not appear to substantiate her stance---Pre-emptor had to appear herself to prove her personal pre-emptory right---Witness recorded his statement as special power of attorney but not as witness---Other witness did not disclose the source of information---Pre-emptor had failed to prove the performance of Talb-i-Muwathibat--- Source of information of the sale must necessarily be pleaded in the plaint, but the same was not done by the pre-emptor which was fatal---Counsel who wrote notice of Talb-i-Ishhad was not produced---Court legally presumed that if the said witnesses had been produced in evidence, they would have deposed against the petitioner---When requirement of Talb-i-Muwathibat had not been fulfilled then there was no need to see the performance of Talb-i-Ishhad---Appellant was permanently residing in the UK and no notice was ever issued/ served to him at his address in the UK which tantamount to non-performance of Talb-i-Ishhad---Appeal was allowed accordingly.

ASHFAQ AHMAD vs Mst — 2022 YLR 1373 LAHORE-HIGH-COURT-LAHORE

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