MUHAMMAD SHAFIQ KHAN vs MOHAMMAD WARYAM S — 2023 MLD 383 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 383 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: MUHAMMAD SHAFIQ KHAN vs MOHAMMAD WARYAM S
Subject matter: Civil
Provisions referred to: S. 13---R; 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 SHAFIQ KHAN VS MOHAMMAD WARYAM S. 13---Right of pre-emption---Talb-e-Ishhad, making of---Proof---Truthfulness of witnesses---Suit was decreed by Trial court and upheld by Appellate Court in favour of pre-emptor---Validity---Under S. 13(3) of Punjab Pre-emption Act, 1991, much stress was laid down on truthness of witness of Talb-e-Ishhad---In the present case conflicting statements of pre-emptor and his witness were found on record, thus they could not be considered as truthful to place reliance on their testimony in regard to making of Talb-e-Ishhad---Pre-emptor failed to prove due performance of Talb-e-Ishhad under the law---Impugned judgments of the two Courts below were set aside and suit of pre-emptor was dismissed leaving the parties to bear their own costs.

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