Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Karim Dad VS Respondent: Fateh Khan etc
Court Name: Lahore High Court Judge(s): Muhammad Ameer Bhatti Title: Karim Dad vs Fateh Khan etc Case No.: C.R. No.411-D/2011 Date of Judgment:2016-09-06 Reported As: 2016 LHC 4044, 2022 [M] CLR 1145 Result: Petition Dismissed
Judgment
ORDER MUHAMMAD AMEER BHATTI, J. This revision petition is directed against the concurrent findings of fact recorded by both the learned Courts below dated 07.05.2010 and 15.03.2011, respectively, whereby the suit and appeal filed by the petitioner were dismissed on account of non-fulfilment of Talb-i-Ishhad, hence, this revision petition. 2. It is held by the Hon'ble Supreme Court of Pakistan in a case reported as PLD 2014 Supreme Court 488 that non-confirming of intention of-exercise of right of pre-emption while performing Talb-i-Ishhad in his testimony by the plaintiff/pre-emptor is fatal entailing extinguishing his pre- emption right. Learned counsel for the petitioner remained unable to wriggle-out from the situation, as it is apparent from testimony of Plaintiff/PW-1 where he has not uttered a single word about confirmation of Talb-i-Muwathibat, which is sine qua non to complete Talb-i-Ishhad and deficiency in evidence is fatal as held by the Hon'ble Supreme Court in case, referred supra. Therefore, it is held that both the learned Courts below have not committed any illegality and irregularity warranting interference by this Court in its revisional jurisdiction, as the judgments of both the learned Courts below are in consonance of the law laid down by the apex Court, referred ibid. Resultantly, this revision petition stands dismissed with no order as to costs.
---
## Page 2
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.