Law: Civil Procedure Code (V of 1908)

Section: 115

  North-West Frontier Province Pre-emption Act (XIV of 1950)--- ----S. 31---Pre-emption suit---Period for limitation---Sale mutation was attested on 13-8-1980, but vendees were in physical possession of land in question since 7-3-1980 when agreement to sell was executed ---Pre-emption suit filed within one year of attestation of mutation was barred by time because physical possession on part of the suit land had taken place much before attestation of mutation ---Pre-emptor was thus non-suited in circumstances. Barkhurdar v. Muhammad Razzaq P L D 1989 SC 749; Niaz Ahmad v. Abdur Rehman P L D 1961 (W.P.) B.J.I; Muhammad Akbar v. Allah Ditta P L D 1974 Pesh. 51 and Muhammad Aslam v. Khuda Dad 1982 S C M R 511 ref.,-: North-West Frontier Province Pre-emption Act (XIV of 1950)--- ----S. 12---Co-sharer---Person purchasing specific Khasra numbers could not be seemed to be a co-sharer in the Khata. Ghulam Hassan and others v. Sarfraz Khan P L D 1956 SC 306; Nawab Din and 2 others v. Hassan Muhammad and another 1987 C L C 1656 and Ali Muhammad v. Shera and another 1987 S C M R 207 ref. North-West Frontier Province Pre-emption Act (XIV of 1950)--- ----S. 12---Civil Procedure Code (V of 1908), S.115---Concurrent findings of fact on question of actual and physical possession over suit land prior to attestation of mutation under agreement to sell---Findings of fact based on correct appreciation of evidence, called for no interference in revisional jurisdiction. S. Bashir Hussain Shah Zaidi assisted by Khawaja Nawaz Khan for Petitioner. Saadullah Khan Miankhel for Respondents. Date of hearing: 20th February, 1990, JUDGMENT   A suit for possession by pre-emption was brought by Subedar Major, r (Retired), Sohbat Khan plaintiff-petitioner herein, against Gulab etc. defendants respondents herein. The suit was decreed by a judgment dated 12-11-1986 of Sahibzada Khurshid Ahmad, Civil Judge 1st Class, Tank Camp D.I. Khan. The appeal filed by the vendees was accepted by Mr. Salim Khan Miankhel, District Judge, D.I.Khan, by his judgment and decree dated 29-9-1987. The plaintiff-petitioner has come up in revision to this Courl The brief facts giving rise to this petition in…