RAHIM SHAH MIAN vs MUHAMMAD IQBAL — 2026 SCMR 901 SUPREME-COURT

Case information

Citation: 2026 SCMR 901 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: RAHIM SHAH MIAN vs MUHAMMAD IQBAL
Subject matter: Civil
Provisions referred to: S. 115---S; Civil Procedure Code (V of 1908)

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

RAHIM SHAH MIAN VS MUHAMMAD IQBAL. Ss.6(b)(II), 6(c)(III) & 13(1)(a)---Civil Procedure Code (V of 1908), S.115---Suit for possession through pre-emption. Status of pre-emptor as "Shafi Khalit" (contiguous owner) and "Shafi Jar" (participant in irrigation). Talb-i-Muwathibat---Burden of proof---Non-production of informer as witness---Effect. Suit was decreed concurrently by Courts below, however Revisional Court reversed findings. Held: Mere construction of retaining wall or possession over part of separate khasra cannot establish contiguity unless appellant proved ownership of intervening land. Claim of appellant being Shafi Jaar was contradicted by physical layout of land because appellant's land was at higher elevation than water channel, making irrigation from common source impossible. Informer was not produced before Trial Court and no explanation was given for such omission. Evidence of informer was important as it formed basis for proving Talb-i-Muwathibat. Without informer’s evidence, appellant failed to prove time, place and manner of acquiring knowledge of sale. Non-production of informer may result in adverse inference against pre-emptor. Requirement of Talb-i-Muwathibat under Section 13 of the Act remained unproved. High Court rightly set aside concurrent findings in revisional jurisdiction.

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