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Muhammad Nawaz vs Muhammad Waris S — 2025 MLD 1638 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 MLD 1638 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
MLD
Parties
Muhammad Nawaz vs Muhammad Waris S
Subject matter
Criminal
Provisions referred to
S. 13---S

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

Muhammad Nawaz VS Muhammad Waris S. 13---Suit for possession through pre-emption---Right of pre-emption---Talb-i-Muwathibat---Delay in making such demand---Effect---Petitioner/vendee was aggrieved of judgment and decree passed by Lower Appellate Court whereby suit was decreed in favour of respondent/pre-emptor---Validity---As regards the first Talb i.e. Talb-i-Muwathibat, statement of pre-emptor was relevant wherein he admitted in cross-examination that he had gained knowledge of the sale after filing of the suit---Pre-emptor also admitted that he had filed another suit for pre-emption against the petitioners/defendants---Said stance of the respondent/plaintiff as to knowledge was corroborated by the informer---According to the statement of informer, the knowledge about the sale was gained about 4.5 years ago---Said statement was made by informer on 16.02.2012---Thus, if time was calculated from the date of statement, it would come around 16.07.2007, which furnished a ground to believe that no meeting was held for Talb-i-Muwathibat and it was not performed---Possession of the suit property was delivered on the date of sale, which was a notice to public at large---Hence, the pre-emptor had, for all practical purposes, gained the knowledge immediately but did not make a jumping demand---Such delay was fatal to a successful claim of pre-emption---Respondent/plaintiff (pre-emptor) had failed to prove performance of the essential conditions attached to the exercise of right of pre-emption---As a result, claim of pre-emption could not hold field for not having qualified the mandate of law under the Act, in terms of making of Talbs---Consequently, civil revision was allowed, accordingly.

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