SARDAR MUHAMMAD (DECEASED) vs TAJ MUHAMMAD (DECEASED) S — 2023 SCMR 1113 SUPREME-COURT

Case information

Citation: 2023 SCMR 1113 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: SARDAR MUHAMMAD (DECEASED) vs TAJ MUHAMMAD (DECEASED) S
Subject matter: Civil
Provisions referred to: S. 13

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

SARDAR MUHAMMAD (DECEASED) VS TAJ MUHAMMAD (DECEASED) S. 13(3)---Suit for possession through pre-emption---Notice of 'Talb-i-ishhad', sending of--- Service on only one of the two vendees---Effect---Not service in the eyes of law---In the present case to prove the notice of Talb-i-ishhad, although the plaintiff/pre-emptor had produced the Postman, however, a bare perusal of his statement showed that the notices were not directly delivered to the defendants/vendees "T" and "R"---Postman stated that it was defendant/vendee "B" who had received the notices on behalf of the other two defendants/vendees---Similarly, the notice sent to defendant/vendee "AJ" was received by another defendant "AG"---Such fact was also admitted by the plaintiff himself in his amended suit filed by him before the learned Trial Court---Suit for possession through pre-emption had been rightly dismissed---Appeal was dismissed.

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