ALTAF AHMAD vs MUHAMMAD ANWAR S — 2023 YLR 1972 LAHORE-HIGH-COURT-LAHORE

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ALTAF AHMAD VS MUHAMMAD ANWAR S.6---Civil Procedure Code (V of 1908), S. 115 & O.XLI, R.27---Suit for possession through pre-emption---Superior right---Commercial land---Additional evidence--- Principle---Petitioner/plaintiff sought possession of suit land on the basis of superior right of pre-emption---Suit was decreed by Trial Court but Lower Appellate Court dismissed the suit---Petitioner/plaintiff sought permission to file some revenue documents as additional evidence---Validity---Petitioner/plaintiff failed to give any plausible reasons for non-production of the documents before Trial Court---There was no reasonable ground available to petitioner/plaintiff for non-production of those documents during trial of the suit---Petitioner/plaintiff was conscious of the questions involved in the suit but he did not produce documents in question---No explanation was offered by petitioner/plaintiff that why evidence which was sought to be produced before High Court for the first time was not tendered before Trial Court---Discretion of Court should not be exercised in favour of a person who had remained indolent for years and such person should suffer consequences of his failure---Petitioner/plaintiff failed to take any step to produce evidence in question for so many years---High Court declined to exercise discretion under O. XLI, R. 27, C.P.C., in favour of petitioner/ plaintiff as he lacked vigilance which lasted for years ---Documents in question were not required by Court to decide the lis on merits and to reach a just conclusion---Petitioner/plaintiff failed to prove his right of pre-emption as suit property had changed its character from agricultural land to commercial factory land---Right of pre-emption was only to safeguard privacy of Muslim families and the same could not be enforced in case of commercial property---Question of disagreeable neighbours in such cases did not arise---Suit land was a Sakni land therefore petitioner/plaintiff could not assert to be one of proprietary bodies of the village or owner in the estate in order to claim right of pre-emption---There was no evidence on record which suggested that custom of pre-emption existed in town/sub-division---High Court declined to interfere in judgment and decree passed by Lower Appellate Court--- Revision was dismissed, in circumstances.

ALTAF AHMAD vs MUHAMMAD ANWAR S — 2023 YLR 1972 LAHORE-HIGH-COURT-LAHORE

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