Law: Civil Procedure Code (V of 1908)

Section: 47(1),48,O.XX,Rr.10,14

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Specific Relief Act, 1877

Section: 8

Civil Procedure Code (V of 1908)--- ----Ss. 47(1), 48 & O. XX, Rr.10, 14---Specific Relief Act (I of 1877), S.8---Constitution of Pakistan (1973), Art.185(3)---Decree in pre�-emption suit---Not executed within prescribed period---Separate suit for possession---Maintainability---Supreme Court granted leave to appeal to consider, inter alia, as to whether in view of S.47(1), C.P.C., any separate suit for implementation of decree for possession passed in earlier suit for pre-emption could not be maintained, particularly when no execution proceedings for its implementation were filed within prescribed period of limitation in accordance with law. JUDGMENT ABDUL HAMEED DOGAR, J.-The petitioner seeks leave to appeal against the judgment dated 3-6-2002 passed by a learned Judge in Chambers of the Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby the Civil Revision No.341 of 1995 was allowed and the judgment and the decree dated 18-7-1995 passed by the learned Additional District Judge Chakwal, was set aside and that of trial Court was restored. 2. Briefly stated the facts leading to the filing of the instant petition are that respondent Muhammad Rafiq and others had instituted a suit for possession with regard to agricultural land measuring 8 Kanals situated in Khasra No.266-min, Khatuni No.351/1098-1999 in Mauza Lakkwal averting therein that they had become owners of the suit property on the basis of judgment and decree dated 25-2-1974 passed in suit for pre-�emption in their favour. In compliance of the said pre-emption decree, they had deposited the sale price in the Court on 20-5-1974 which was received by the defendant. However, the execution application was not filed, therefore, the possession was not handed over to them, which was the reason to file the suit in question. The trial Court vide its judgment dated 27-6-1988…