HASHAM KHAN (DECEASED) vs WAHEED AHMED S — 2024 SCMR 353 SUPREME-COURT

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HASHAM KHAN (DECEASED) VS WAHEED AHMED S. 13(1)(b)--- Suit for pre-emption---Talb-i-Ishhad, notice of---Proof---Names of witnesses of Talb-i-Ishhad notice had not been mentioned in the plaint, which was a fatal defect---Alleged notice of Talb-i-Ishhad in both the suits was allegedly by "Mr. A", Advocate on behalf of the respondent-plaintiff, though the said notice contained the signatures of the plaintiff but "Mr. A", Advocate was required to prove the notice when he issued the notice on behalf of the plaintiff to the vendee---Language of the notice stated that on behalf of the plaintiff the Advocate was issuing the notice, therefore, it was required that the Advocate should have appeared before the Court in witness-box to prove the same---Furthermore the registered post was sent on a village address whereas the plaintiff admitted in cross-examination that the vendee/defendant was living in a foreign country---When appellant/ vendee appeared as his own witness and stated that real brother of the plaintiff is also working in the same foreign country and the plaintiff knows the foreign address of vendee and even his telephone number, this fact was not disputed in cross-examination by the counsel for the plaintiff, which meant that it was admission on the part of the respondent-plaintiff---One of the vendors who was relative of the plaintiff, appeared as a witness and stated that he went to the plaintiff and stated he wants to sell his share in the suit property but the plaintiff refused to purchase the suit property---Plaintiff did not prove the performance of Talbs in accordance with law---Appeals were allowed and suit for possession through pre-emption filed by the plaintiff/respondent stood dismissed.

HASHAM KHAN (DECEASED) vs WAHEED AHMED S — 2024 SCMR 353 SUPREME-COURT

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