Pakistan Case Law← Search
2008 SCMR 248

MUHAMMAD SHARIF through Mst. Irshad Bibi and others vs WALAYAT KHAN

Citation2008 SCMR 248
CourtSupreme Court of Pakistan
Case No.C.P.S.L.A. No,280-L of 2004
Date2006-03-02
Judge(s)Syed Jamshed Ali, Tasaddaq Hussain Jillani
ResultLeave refused

ORDER

' TASSADUQ HUSSAIN JILLANI, I.--- Petitioner/pre-emptor has been non-suited by the learned Lahore High Court and Appellate Courts' judgment was reversed on the ground that he failed to prove "Talb-i-Muwathibat" and "Talb-i-Ishhad".

2. Learned counsel for the petitioner submits that the learned High Court has misread and non- read the material evidence with regard to the performance of "Talbs" and that the judgment is not sustainable.

3. While disbelieving the evidence produced by the petitioner with regard to the performance of "Talbs" the High Court concurred with the learned trial Court on Issue No,13 and observed as under:- "What deciding Issue No,13 the learned trial Court observed that the plaintiff has produced his evidence to prove that he has completed the requirements of Talbs according to law enforced. The learhed trial Court while discussing the evidence of P.W.3 Qalb-e-Hussain, P.W.4 Nadar Hussain and Muhammad Sharif, P.W.5, observed that the plaintiff completed the requirement of Talb-i- Muwathibat on 18-7-1995 but according to the contents of the plaint the disputed sale was completed on 4-4-1995 and the first Talb, was completed on 18-7-1995 while the plaintiff was under obligation to complete first Talb within 15 days of the completion of sale."

4. Learned counsel for the petitioners has not referred to any piece of evidence which could persuade us to interfere with the afore-referred finding of the High Court as also of the trial Court.

That being so, we do not find any merit in this petition which is dismissed and .

Cited by 1 case

For educational and research use only β€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerΒ·PrivacyΒ·TermsΒ·Search