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1999 SCMR 1332

MUHAMMAD ASLAM vs MUHAMMAD HUSSAIN and 4 others

Citation1999 SCMR 1332
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,2345-L of 1996 Civil Revision No,173-D of
Date1998-02-11
Judge(s)Khalil-Ur-Rehman Khan, Munir A. Sheikh
ResultLeave refused

ORDER

' KHALIL-UR-REHMAN KHAN, J.---Petitioner seeks leave to appeal against the order dated 8-10-1996 of the Lahore High Court, Bahawalpur Bench, Bahawalpur, whereby the revision petition directed against judgments and decrees of learned Civil Judge and the learned Additional District Judge decreeing the suit for possession through pre-emption was dismissed in limine.

2. The only point urged in support of the petition is that learned Courts below have erred in recording the conclusion that, Talb-i-Muwathibat as contemplated by law had been duly made.

This question has been dealt with by learned Courts below in detail. Learned Judge of the High Court, in paragraph 9 of the impugned order, held that the plaintiffs had served the defendant/petitioner with a written notice dated 24-11-1992 (Exh. P./W.1/1) as per statement of Siraj Hussain P. W,1, the scribe of notice. The written notice was sent by registered post/Acknowledgement Due (Exh.P.W.1/2) All necessary particulars of defendant/petitioner were given on the A.D. And they tallied with his address as given in the revision petition filed before the High Court.

3. We find that the conclusion arrived at by the learned Courts below is not contrary to law and see no reason to take a different view in take matter. Leave to appeal is refused and the petition is dismissed.

Cited by 3 cases

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