AHMED YAR vs CHAN PIR SHAH S — 2025 CLC 259 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 259 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: AHMED YAR vs CHAN PIR SHAH S
Subject matter: Criminal
Provisions referred to: S. 13

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

AHMED YAR VS CHAN PIR SHAH S.13(1)(a)---Talb-i-muwathibat---Proof---Complete chain of source of information---Chain of the source of information, as to the fact of sale, from the very first person, who has the direct knowledge thereof and passes on the same 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---Respondents failed to prove the performance of requisite Talbs as prescribed under the law and there were material discrepancies in the evidence of their witnesses---Civil revision was allowed and suit for pre-emption was dismissed, in circumstances.

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