MUHAMMAD BOOTA vs KHALID ZIA ULLAH S — 2022 YLR 894 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 894 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD BOOTA vs KHALID ZIA ULLAH 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

MUHAMMAD BOOTA VS KHALID ZIA ULLAH S. 13---Suit for pre-emption---Death of original pre-emptor during pendency of suit---Scope---Defendant assailed judgment and decree passed by Appellate Court whereby the suit of plaintiff for possession through pre-emption was decreed and the judgment and decree passed by Trial Court was set aside---Validity---Plaintiff did not have superior right of pre-emption to file the suit---Even otherwise on account of death of original pre-emptor the plaintiff had stepped into his shoes and had become pre-emptor---Such was important for pre-emptor to have superior right on three stages of pre-emption, at the time of sale, at the time of filing of the suit and at the time of decree, certainly that aspect went against the plaintiff---Even on the point of inheritance, if his status as pre-emptor was admitted as correct he did not qualify to make statement to establish Talb-i-Muwathibat---Plaintiff's evidence regarding Talb-i-Muwathibat was hearsay evidence which was inadmissible---Neither the plaintiff was present at the time of making Talb-i-Muwathibat nor was present at the time of notice of Talb-i-Ishhad, his evidence was not in accordance with law, as required under S. 13 of Punjab Pre-emption Act, 1991---Other witnesses of Talb-i-Muwathibat were also not consistent and they were not sure about time, date and place---Postman although had died but the person who had appeared to make statement on his behalf was not legally entitled to make the same---Suit of the plaintiff was dismissed.

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