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2005 SCMR 1364

ABDUL REHMAN and others vs MAHAR BAKHSH and others

Citation2005 SCMR 1364
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,1761/L of 2000
Date2003-04-11
Judge(s)Khalil-ur-Rehman Ramday, Tanvir Ahmed Khan
ResultLeave refused

ORDER

1. ' TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment, dated 9-5-2000 whereby a learned Single Judge of the Lahore High Court, Multan Bench, Multan, accepted R.S.A.

2. No,40 of 1996 filed by the respondents by setting aside the determination of the learned District Judge, Lodhran, and restoring the judgment of the learned Civil Judge, Lodhran.

3. ' We need not give the facts of the case as the same have been elaborately narrated in the impugned judgments.

4. ' We have considered the contentions advanced by the learned counsel for the petitioners and have gone through the documents appended with this petition. It is reflected from the record that the petitioners have been non-suited on the ground that the Talabs were not made as required under section 13 of the Punjab Pre-emption Act, 1991. The learned Single Judge of the Lahore High Court has given cogent reasons in accepting the appeal after perusing the record: It would be appropriate to reproduce certain lines from the impugned judgment wherein the learned Single Judge of the Lahore High Court has depicted the conduct of the petitioners, who were respondents before the High Court, which are as under:--- "The respondents have been caught on their lie by their own document Exh.P.2. This is a certified copy of the sale-deed in question filed by the respondents in the trial Court on 19-10-1991. This document reveals that the said certified copy was issued on 10-8-1991. This document was in possession of the respondents and was tendered in evidence and got exhibited by their learned counsel on 29-9-1992. It can be safely assumed that the respondents were not only aware of the sale but were in possession of certified copy thereof on 10-8-1991. Their pleadings eir evidence to the effect that they acquired knowledge so where in September, 1991 is, therefore, false."

5. ' Resultantly for what has been stated above, the instant petition being devoid of any merit is hereby dismissed and leave declined.

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