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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD BAKHSH and others VS Respondent: Mian ABDUR RAHMAN
Court Name: Supreme Court of Pakistan Judge(s): Faqir Muhammad Khokhar, Khalil-ur-Rehman Ramday, Munir A. Sheikh Title: MUHAMMAD BAKHSH and others vs Mian ABDUR RAHMAN Case No.: Civil Petitions Nos.3113 and 3114-L of 2001 Date of Judgment:2002-04-08 Reported As: 2002 SCMR 1897 Result: Leave granted
Judgment ORDER ' MUNIR A. SHEIKH, J.---By this common judgment, we propose to decide C.P.L.A. Nos.3113=3114-L of 2001 as a question of law and facts are identical in both of them. 2. The petitioner when appeared as D. W.8 specifically stated that the respondent-plaintiff was not TAYA ZAD of the vendor but he was not cross-examined on this point, on the other hand when the respondent-plaintiff appeared as his own witness as P.W.2 at the stage of rebuttal stated that he was Taya Zad of the vendor but he also was not cross-examined on that point. The respondent- plaintiff in his statement did not even refer to pedigree-table which he had already tendered in evidence as Exh.P.1. Leave has already been granted in the case of Mehr Hussain v. Bahadar Ali in C.P. No,1256 of 2001 to consider whether mere tender of pedigree-table without further proof of the relationship of the 'plaintiff with the vendor could be read as evidence of proof of relationship. Leave is granted in this case also on the said point. Till the disposal of this appeal execution proceedings shall remain stayed.