This omission was fatal. In this regard
reference to the case of Bashir Ahmad v. Ghulam Rasool
(2010 SCJ 643) would be appropriate wherein it was held that
it was the duty of the pre-emptor to have produced the
postman through whom notice was allegedly got served upon
the vendee to prove that notice was actually sent to him at the
right address and he received it or refused to receive it; and,
that in order to establish Talb-i-Ishhad the pre-emptor has to
prove that notice was sent to the vendee through registered
post acknowledge due card and its acknowledgment receipt
was received by the pre-emptor after its service on the vendee.
This principle has been reiterated in the case of Basharat Ali
Khan v. Muhammad Akbar (2017 SCMR 309).
Part of Judgment
Lahore High court
Civil Revision
194717/18
2020 LHC 311
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