Gul Zaman vs Additional District Judge, Quetta S — 2026 CLC 44 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 CLC 44 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: CLC
Parties: Gul Zaman vs Additional District Judge, Quetta S
Subject matter: Criminal
Provisions referred to: S. 9---S; S. 8---S; Specific Relief Act (I of 1877); Balochistan Pre-emption Act

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

Gul Zaman VS Additional District Judge, Quetta S. 9---Specific Relief Act (I of 1877), S. 8---Suit for possession through pre-emption---Superior right of pre-emption---Talabs, performance of---Scope---Petitioner filed a suit for pre-emption claiming a superior right on the basis of being a co-sharer in the joint property, which was dismissed by both the trial court and the appellate court on the ground of non-fulfillment of mandatory injunctions regarding "Talabs" under the Balochistan Pre-emption Act---Validity---Performance of Talab-e-Muwathibat (immediate demand) and Talab-e-Ishhad (demand with attestation/reference) are mandatory foundational requirements for maintaining a pre-emption suit, and exact compliance along with specific dates, times, and witnesses must be pleaded and proved through unimpeachable evidence---Record showed that the pre-emptor miserably failed to establish the prompt performance of Talab-e-Muwathibat upon gaining knowledge of the sale transaction, and contradictions appeared in the statements of witnesses regarding the precise mode of communicating Talab-e-Ishhad---Concurrent findings of fact recorded by the courts below regarding the failure to prove statutory talabs were based on proper appraisal of evidence and suffered from no legal infirmity---Revision petition was dismissed.

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