Citation Name: 2023 MLD 2145 LAHORE-HIGH-COURT-LAHOREBookmark this Case AHMED SHER vs KHUDA BAKHSH S

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Citation Name: 2023 MLD 2145 LAHORE-HIGH-COURT-LAHOREBookmark this Case AHMED SHER VS KHUDA BAKHSH S. 13---Suit for possession through pre-emption---Talb-i-Ishhad---Proof---Expression "acknowledgement due"---Scope---Postman not produced in evidence---Effect---Suit filed by respondent/pre-emptor was dismissed by Trial Court but Lower Appellate Court decreed the same---Validity---If mere "sending of notice" was enough, it would make the expression "acknowledgement due" redundant---Service of addressee, as prescribed in law was imperative---If acknowledgement card carried an endorsement of "refusal" or "not accepted" a presumption of service would arise unless rebutted---It was duty of pre-emptor to have produced postman through whom notice was allegedly served upon the vendee to prove that notices were actually sent to him at the right address and he received it or refused to receive it---In order to establish Talb-i-Ishhad, pre-emptor had to prove that notice was sent to vendee through registered post acknowledgement due card and its acknowledgement receipt was received by respondent/pre-emptor after its service on appellant/vendee---Only sending of notices through registered envelope was not sufficient---Intention of law was to ensure that notices were sent to proper address and "served" or "not served" report would show that condition of Talb-i-Ishhad was fulfilled or not---Lower Appellate Court did not rightly conclude issues on the basis of available record and evidence was not properly appreciated---Some of the documents and statements were not only misinterpreted but also were overlooked by lower Appellate Court---Issue regarding Talbs was not proved by respondent/pre-emptor---High Court set aside judgment and decree passed by lower Appellate Court and restored that of Trial Court---Second appeal was allowed, in circumstances. Your Search returned total 35531 records from 18150 - 18200 Citation Name: 2023 MLD 2145 LAHORE-HIGH-COURT-LAHOREBookmark this Case AHMED SHER VS KHUDA BAKHSH O. VI, R. 2---Plaint, necessary ingredients---All material facts have to be brought through pleadings. Citation Name: 2023 MLD 2145 LAHORE-HIGH-COURT-LAHOREBookmark this Case AHMED SHER VS KHUDA BAKHSH art. 133---Fact not cross-examined---Effect---any portion of statement which has been stated by witness, if not cross-examined, is considered to be admitted. Citation Name: 2023 MLD 2145 LAHORE-HIGH-COURT-LAHOREBookmark this Case AHMED SHER VS KHUDA BAKHSH S. 13---Talb-i-Ishhad---Proof---Mentioning names of witnesses of notice of Talb-i-Ishhad in plaint is mandatory requirement of law.

Citation Name: 2023 MLD 2145 LAHORE-HIGH-COURT-LAHOREBookmark this Case AHMED SHER vs KHUDA BAKHSH S — 2023 MLD 2145 LAHORE-HIGH-COURT-LAHORE

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