MUHAMMAD RIAZ vs MUHAMMAD RAMZAN Ss — 2023 SCMR 1305 SUPREME-COURT

Case information

Citation: 2023 SCMR 1305 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: MUHAMMAD RIAZ vs MUHAMMAD RAMZAN Ss
Subject matter: Civil

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 RIAZ VS MUHAMMAD RAMZAN Ss. 13(2) & 13(3)---Suit for possession through pre-emption---Talb-i-Muwathibt and Talb-i-Ishhad--- Proof--- Petitioner (pre-emptor) produced two witnesses before the Trial Court to establish Talb-i-Muwathibat, however neither of the two witnesses deposed regarding the date on which the petitioner made Talb-i-Muwathibat---On of them also deposed that he was not aware of the other witnesses/signatories to the notice of Talb-i-Ishhad, and merely speculated as to who they could be, and was unaware of the contents of the notice and its recipients---Moreover, neither of the two witnesses deposed any specific date on which Talb-i-Ishhad was made---No receipt of acknowledgement due was produced in evidence, nor was any evidence or witness brought to show that the respondents (vendees) had refused to be served with the notice---It was for the petitioner to produce the postman during the evidence stage in order to establish the factum of Talb-i-Ishhad, which he failed to do---Suit for possession through pre-emption was rightly dismissed---Petition for leave to appeal was dismissed and leave was refused.

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