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1995 SCMR 973

GUL HUSSAIN SHAH vs MULAZIM HUSSAIN SHAH

Citation1995 SCMR 973
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 421 of 1994
Date1994-12-21
Judge(s)Saeeduzzaman Siddiqui, Mukhtar Ahmed Junejo
ResultLeave granted

ORDER

1. ' MUKHTAR AHMED JUNEJO, J.---Petitioner Gul Hassan Shah has sought leave to appeal against the judgment by the Lahore High Court, Rawalpindi Bench, dated 7-7-1994 in Civil Revision No, 306/D/94.

2. ' Petitioner Gul Hassan Shah filed Civil Suit No, 637/92 in a Civil Court at Chakwal for pre-empting sale of the suit property sold to the respondent. The suit was contested by the respondent who in his written statement challenged making of Talabs. One of the issues was, whether the plaintiff/petitioner had made Talabs. The suit was dismissed by the Civil Court as well as by the learned Additional District Judge, Chakwal. The Civil Revision Petition was dismissed by the High Court in limine. Hence this petition.

3. Mr. Muhammad Munir Peracha, learned counsel for the petitioner, argued that the only point on which suit of the petitioner-plaintiff was dismissed was, that he had not made "Talab-e- Muwathibat" but the petitioner in his deposition as P.W. 2 had stated that as and when he came to know about the sale of the suit property by Mohson Shah to Mulazim Hussain Shah, he sent two persons to the defendant to receive the money consideration and return of the suit property.

4. ' The question whether this evidence amounts to Talab-e-Muwathibat requires consideration.

5. Leave is, therefore, granted to consider the aforesaid question. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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