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Initializing Secure Chambers
Petitioner: MUHAMMAD RAFIQUE VS Respondent: FAZAL AHMAD
Court Name: Lahore High Court Judge(s): Khalil Ahmad Title: MUHAMMAD RAFIQUE vs FAZAL AHMAD Case No.: Civil Revision No,2238 of 2000 Date of Judgment:2008-07-01 Reported As: 2008 CLC 1554 Result: Petition dismissed
Judgment ORDER ' KHALIL AHMAD, J.--- Petitioner filed a suit for possession through pre-emption of land measuring 1 Kanal, 16 Marlas detail of which is given in para.1 of the plaint claiming superior right of preemption. The case of the petitioner is that the moment he came to know of the sale he made a jumping demand and has performed Talb-eMuwathibat on 5-7-1993 and sent registered notices A.D. Attested by the witnesses on 7-7-1993 and as such performed Talb-e-Ishhad. 2. The suit was contested by the respondent taking preliminary as well as factual objections. 3. The learned trial Court on the pleadings of the parties framed issues and after recording evidence of the parties decreed the suit vide judgment and decree dated 23-6-1998. The respondent filed appeal which was accepted by the learned Additional District Judge, vide judgment and decree dated 22-7-2000. Hence this petition. 4. Petitioner produced P.W.1 Arshad Mahmood Postal Clerk, Muhammad Iqbal Branch Post Master as P.W.2, Muhammad Shafique as P.W.3, Abdul Rauf as P.W.4 and Muhammad Rafique petitioner himself appeared as P.W.5. 5. Respondent produced Bashir Ahmad as D.W.1, and Muhammad Ashraf as D.W.2 in support of his claim. 6. Learned counsel for the respondent at the very outset while relying on PLD 1997 SC 302 stated that the time, date and place where sale came to the knowledge of the petitioner has to be mentioned in the plaint and in view of the law laid down by the august Supreme Court of Pakistan the suit is liable to be dismissed. 7. When confronted with the afore-said authority, learned counsel for the petitioner has relied on 2004 SCM R 1719, 2004 SCM R 1589 and 2005 SCM R 1201.
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8. I am afraid, in view of the latest judgment on the subject authoritatively pronounced by the august Supreme Court of Pakistan the same is to prevail and to be followed. 9. I have gone through the plaint with the assistance of learned counsel for the petitioner, time, date and place has no where been mentioned. In this view of the matter, this petition has no force and is dismissed.