Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD HUSSAIN AND Another VS Respondent: MUHAMMAD KHAN
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Muhammad Afzal Zullah, Shafi-ur-Rehman Title: MUHAMMAD HUSSAIN AND Another vs MUHAMMAD KHAN Case No.:Civil Review Petition No. 29-R of 1980 C.P.S.L.A. No. 548 of 1977 C. P. No. 548 of
1977 Date of Judgment:1982-06-21 Reported As: 1983 SCMR 16 Result: Leave granted Judgment ORDER NASIM HASAN SHAH, J.-This is a petition seeking review of this Court's order dated 20-2-1980. By the aforesaid order it was observed that the High Court agreeing with the Additional District Judge held that the pre--emptor had failed to satisfactorily establish the factum of his relationship between him and the vendor, so as to prove for superior right. The relationship had been sought to be proved by producing a pedigree-table (Exh. P. 1). However, no one had appeared in Court to prove the pedigree table and to state that the relationship of the parties was correctly entered [therein. The learned Additional District Judge, had taken the view that in the absence of any such affirmative of evidence the pedigree-table, by itself, could not prove the factum of relation--ship, which view was upheld by the High Court and this Court had also declined to interfere with it. The submission that the pedigree-table formed a part of the record-of---rights to which astatutory presumption of correctness is attached is sup--ported by the judgment in Wali Muhammad v. Government of West Pakistan and others (PLD 1980 Pesh. 119) and the point raised did require consideration, which was overlooked. We would, therefore, allow this petition for review and recall out order dated 20-2-1980 and grant leave to appeal. Security Rs. 2,000. Notice to the respondent in the stay matter.