MUHAMMAD RIAZ vs MUHAMMAD AKRAM S — 2024 SCMR 692 SUPREME-COURT

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MUHAMMAD RIAZ VS MUHAMMAD AKRAM S. 13(1)(a)---Suit for possession through pre-emption---Talb-i-Muwathibat---Proof---Complete chain of source of information---Person who conveys the information of the fact of sale must be a person who has observed the fact of sale and it is he who can then pass on the said fact to another person(s)---Thus, the chain of information regarding the sale, starting from the very first person with direct knowledge and passing it on to the person who lastly informs the pre-emptor, must be complete---Only the complete chain of the source of information of the sale can establish the essential elements of Talb-i-Muwathibat, which are: (i) the time, date and place when the pre-emptor obtained the first information of the sale, and; (ii) the immediate declaration of his intention by the pre-emptor to exercise his right of pre-emption, then and there, on obtaining such information---In the present case, such chain of the source of passing on the information, as to the fact of the sale of the suit land has not been proved as person "B" in his evidence categorically stated that he refused to meet and share the information about the sale of the suit land with the informer---Entire case of the pre-emptors (respondents) regarding the issuance of Talb-i-Muwathibat built on the hearsay evidence of the informer faIls to the ground due to an incomplete chain of information about the sale of the suit land---Therefore, the trial court correctly observed that when the source of information provided by the informer is not proved, the transmission of this information to the pre-emptors also becomes highly doubtful---Pre-emptors failed to prove the validity of Talb-i-Muwathibat made by them for exercising their right of pre-emption over the suit land---Petition was converted into appeal and allowed and judgment of the trial Court dismissing the suit of pre-emptors was restored. Citation Name: 2024 SCMR 692 SUPREME-COURTBookmark this Case MUHAMMAD RIAZ VS MUHAMMAD AKRAM S. 13---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Suit for possession through pre-emption---Two pre-emptors---One of the pre-emptors failing to appear before the trial Court to substantiate his claim---Effect---Fatal for the pre-emption suit---Pre-emption is a personal right and a pre-emptor is required to prove it through his own statement---One of the pre-emptors did not appear as a witness before the trial court to substantiate his claim nor did he attempt to produce an attorney on his behalf---It was also not the case of said pre-emptor that he was suffering from some disability to appear before the court---Therefore, his failure to appear in the witness box would adversely affect his right of pre-emption---Clearly the evidence of said pre-emptor, which would have been the best evidence has been withheld by the pre-emptors---Consequently, in accordance with Article 129(g) of the Qanun-e-Shahadat, 1984, an adverse inference can also be drawn against him---Although one of the pre-emptors appeared as a witness, but it did not provide any help to the pre-emptor who did not appear---Suit, to the extent of non-appearing pre-emptor, is liable to be dismissed, therefore, no partial or full decree can be passed in favour of the other pre-emptor---Petition was converted into appeal and allowed and judgment of the trial Court dismissing the suit of pre-emptors was restored. Citation Name: 2024 SCMR 692 SUPREME-COURTBookmark this Case MUHAMMAD RIAZ VS MUHAMMAD AKRAM S. 13(1)(a)---Suit for possession through pre-emption---Talb-i-Muwathibat---Pre-emptors, two in number, making joint Talb-i-Muwathibat in the same meeting---One of the pre-emptors announcing his right to exercise right of pre-emption one or two minutes after the other pre-emptor---Delay of one or two minutes in the making of Talb-i-Muwathibat by one of the pre-emptors---Effect---Fatal for the pre-emption suit---Record of the present case showed that one of the pre-emptors waited for the other pre-emptor to complete his declaration of Talb-i-Muwathibat before making his own declaration, resulting in a brief delay of one or two minutes---As soon as the pre-emptors acquire knowledge of the sale of the pre-empted property, they should make an immediate demand of their desire and intention to assert their right of pre-emption without the slightest loss of time---Pre-emptor in question failed to prove the validity of his Talb-i-Muwathibat for exercising his right of pre-emption over the suit land---Petition was converted into appeal and allowed and judgment of the trial Court dismissing the suit of pre-emptors was restored.

MUHAMMAD RIAZ vs MUHAMMAD AKRAM S — 2024 SCMR 692 SUPREME-COURT

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