ZAHID KHAN vs MUHAMMAD AHSAN Ss — 2024 MLD 396 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

ZAHID KHAN VS MUHAMMAD AHSAN Ss. 5 & 13---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Right of pre-emption---Talb-i-Ishhad, notice of---Proof---Withholding of evidence---Presumption---Respondent/pre-emptor filed suit for possession through pre-emption which was concurrently decreed in his favour by Trial Court and Lower Appellate Court---Validity---Witness of respondent/pre-emptor neither stated that he was handed over any notice/letter to affect service upon petitioner/defendant nor served the same upon him---Respondent/pre-emptor failed to prove service of notice of Talb-i-Ishhad--- Non-production of acknowledgment receipt (A.D) amounted to withholding of material evidence and such flaw had grave adverse effect on the case of respondent/pre-emptor---Witness of notice of Talb-i-Ishhad was also not produced by respondent/pre-emptor nor any explanation was furnished in that regard, which amounted to withholding of the best evidence and it would be legally presumed that had the witness been produced in evidence, he would have deposed unfavourably against respondent/pre-emptor and presumption under Art. 129(g) of Qanun-e-Shahadat, 1984, would go against him---Respondent/pre-emptor failed to prove service of notice of Talb-i-Ishhad---Both the Courts below committed misreading and non-reading of evidence and had also failed to apply correct law which rendered such dicta as not sustainable in the eyes of law---High Court under S. 115 C.P.C, had jurisdiction to interfere in perverse concurrent judgments and decrees of two lower fora---High Court in exercise of revisional jurisdiction set aside concurrent findings of facts by two Courts below and dismissed the suit filed by respondent/pre-emptor---Revision was allowed, in circumstances. Citation Name: 2024 MLD 396 LAHORE-HIGH-COURT-LAHORE ZAHID KHAN VS MUHAMMAD AHSAN S. 54---Sale---Defined---Sale means transaction of any land with permanent transfer of title/ownership against payment of price in shape of money---Sale is transfer of ownership of immovable property in exchange for a price paid or promised or partly paid or partly promised---For such transaction, payment of price must be contemplated; same must be followed by delivery of possession---Mere registration of document of sale deed and attestation of mutation in favour of vendee amounts to mature title of vendee which is merely a subsequent event for fiscal purpose or to update official record.

ZAHID KHAN vs MUHAMMAD AHSAN Ss — 2024 MLD 396 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2024 MLD