PLJ 2012 Lahore 335
[Bahawalpur Bench Bahawalpur]
Present: Amin-ud-Din Khan, J.
ALLAH DIWAYA, etc.--Petitioners
versus
Mst. SUKHAN KHATOON, etc.--Respondents
C.R. No. 746 of 2001 and R.S.A. No. 5 of 2001, heard on 30.11.2011.
Superior Right of Pre-emption--
----Plaintiffs were bound to prove case of superior right of pre-emption qua vendees at three stages i.e. at time of alleged sale, at time of filing of suit and at the time of decree--Affirmative evidence--Validity--Neither anyone from plaintiffs nor any witness was produced in their affirmative evidence to prove superior right of pre-emption--It was a weak right till time of plaintiff proved his superior right of pre-emption and he could not get a decree for pre-emption if there was any loophole in evidence--Plaintiff as well as none of the witnesses appeared in affirmative evidence--Plaintiff had failed to prove their superior right of pre-emption qua vendee at three stages--Courts below had no adverse effect against rights on basis of the statement, no decree of pre-emption could be granted against her--Revision was dismissed. [Pp. 339 & 340] A, E & F
[Bahawalpur Bench Bahawalpur]
Present: Amin-ud-Din Khan, J.
ALLAH DIWAYA, etc.--Petitioners
versus
Mst. SUKHAN KHATOON, etc.--Respondents
C.R. No. 746 of 2001 and R.S.A. No. 5 of 2001, heard on 30.11.2011.
Superior Right of Pre-emption--
----Plaintiffs were bound to prove case of superior right of pre-emption qua vendees at three stages i.e. at time of alleged sale, at time of filing of suit and at the time of decree--Affirmative evidence--Validity--Neither anyone from plaintiffs nor any witness was produced in their affirmative evidence to prove superior right of pre-emption--It was a weak right till time of plaintiff proved his superior right of pre-emption and he could not get a decree for pre-emption if there was any loophole in evidence--Plaintiff as well as none of the witnesses appeared in affirmative evidence--Plaintiff had failed to prove their superior right of pre-emption qua vendee at three stages--Courts below had no adverse effect against rights on basis of the statement, no decree of pre-emption could be granted against her--Revision was dismissed. [Pp. 339 & 340] A, E & F
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