ABDUL MAJEED vs Haji HAQ NAWAZ — 2026 SCMR 138 SUPREME-COURT

Case information

Citation: 2026 SCMR 138 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: ABDUL MAJEED vs Haji HAQ NAWAZ
Subject matter: Civil
Provisions referred to: S. 13---P

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

ABDUL MAJEED VS Haji HAQ NAWAZ. S.13---Pre-emption---Talb-i-Muwathibat (immediate demand/jumping demand)---Proof of execution---Onus. Question before Supreme Court was whether respondent/plaintiff proved immediate declaration (Talb-i-Muwathibat) as required by law. Held: Burden was upon pre-emptor to prove performance of talbs through convincing evidence. Any doubt regarding proper performance of talbs must be resolved in favour of vendee. Evidence showed that sufficient time had passed between information of sale and declaration of pre-emption, creating doubt about immediate demand. Mere expression of desire to exercise right of pre-emption was not sufficient. Pre-emptor failed to prove Talb-i-Muwathibat. Judgments and decrees of courts below were set aside and suit was dismissed. Petition converted into appeal and allowed.

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