Syed Shehanshah Raza Hussain Rizvi vs Tariq Nawaz Khan Ss — 2025 YLR 575 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 YLR 575 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: YLR
Parties: Syed Shehanshah Raza Hussain Rizvi vs Tariq Nawaz Khan Ss
Subject matter: Civil

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

Syed Shehanshah Raza Hussain Rizvi VS Tariq Nawaz Khan Ss.5 & 6---Suit for possession through pre-emption---Right of pre-emption---Burden of proof---Failure of the petitioner/plaintiff to prove his right of pre-emption on the basis of ownership/title as a Shafi Sharik, Khalit or Jar---Effect---Production of site plan as proof of ownership---Validity---Pre-emptor in order to succeed has to establish such right on the day of sale, on the day of fling of suit and its continued subsistence till the date of decree---Underlying principle of law of pre-emption is that the pre-emptor has to own property before he can exercise such right---Order produced by the petitioner in evidence did not mention his name anywhere---Although in the site plan the name of the petitioner was mentioned and it described that the area shown in red belonged to the petitioner along with other shareholder, yet the said site plan was not substitute of title document---Neither any inheritance mutation was placed on record nor copy of record of rights was produced to establish that he was a co-sharer or co-owner in the suit khata from where the pre-empted property was sold---Mere admission on behalf of defence witnesses that suit property belonged to father of the petitioner and petitioner's house was situated in the suit property did not discharge the petitioner from his duty to establish independently that he was owner of the property from where pre-empted property was sold and he enjoyed the status of Shafi Sharik, Khaleet and Jar---Petitioner failed to prove his superior right of pre-emption---Civil revision was dismissed, in circumstances.

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