Law: Elections Act, 2017

Section: XXXIII,101(2),155,229

Law: Sindh Local Government Act, 2013

Section: XLII,54

(a)    Punjab Pre-emption Act (IX of 1991)-------Ss. 13, 30(b) & 31---Civil Procedure Code (V of 1908), O.VII, R. 11---Suit for possession through pre-emption, filing of---Limitation---Non-issuance of notice to the petitioner/public at large---Effect---Petitioner asserted that he got knowledge of the sale on 29.09.2016, whereas, the sale was effected through mutation on 22.12.2015---Respondent while resisting the suit filed application for rejection of plaint, which was accepted and appeal preferred by the petitioner was dismissed--Contention of the petitioner was that since no notice under S. 31 of the Punjab Preemption Act, 1991, (Act) was issued at the time of attestation of mutation, thus, limitation started running from the date of knowledge---Validity---In case a sale is made through mutation the limitation will be counted from the date of attestation of mutation and the pre-emptor is bound to bring his suit within four months from such date---Section 30(d) of the Act clearly envisages that limitation for instituting a suit for pre-emption would commence from the date of knowledge by the preemptor only in cases not covered under preceding paragraphs---Period of limitation would be computed keeping in view the mandate of S. 30 of the Act, which clearly provided four months for the institution of the suit from the date of attestation of mutation and not from the date of knowledge in the plaint---Civil revision was dismissed, in circumstances.Amir v. Falak Sher and another 2003 CLC 1756 and Muhammad Khan v.Muhammad Hussain and 2 others 2002 YLR 1353 ref.(b)    Punjab Pre-emption Act (IX of 1991)-------Ss. 30 & 31---Suit for possession through pre-emption, filing of---Limitation--Public notice---Sections 30 & 31 of the Punjab Pre-emption Act, 1991---Nexus--Section 31 of the Punjab Pre-emption Act, 1991 ('Act') exclusively deals with the issuance of public notice by the officer registering the sale deed or attesting the mutation of sale within two weeks of registration or attestation as the case may be, whereas limitation for instituting a suit for pre-emption is to be regulated by S. 30 of the Act---Sections…