2023 SCMR 1305
Suit for possession through pre emption Talb-i-Muwathibt and Talb-i- Ishhad --- Proof --- Petitioner ( pre-emptor ) produced two witnesses before the Trial Court to establish Talb-i-Muwathibat , however neither of the two witnesses deposed regarding the date on which the petitioner made Talb-i-Muwathibat --- On of them also deposed that he was not aware of the other witnesses / signatories to the notice of Talb-i-Ishhad , and merely speculated as to who they could be , and was unaware of the contents of the notice and its recipients --- Moreover , neither of the two witnesses deposed any specific date on which Talb-i-Ishhad was made --- No receipt of acknowledgement due was produced in evidence , nor was any evidence or witness brought to show that the respondents ( vendees ) had refused to be served with the notice --- It was for the petitioner to produce the postman during the evidence stage in order to establish the factum of Talb-i-Ishhad , which he failed to do --- Suit for possession through pre-emption was rightly dismissed.
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