Law: West Pakistan Land Revenue Act, 1967

Section: 42

West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Record of purchase and possession of agriculture land ---Scope-- Factum of sale of land and delivery of possession of same thereunder is not kept secret and matter does not remain out of sight/information of those whose rights are adversely affected and those who acquire statutory rights after the sale-- Registered sale-deed is a notice to all and S.42, West Pakistan Land Revenue Act, 1967 protects the rights of affectees or interested persons. Punjab Pre-emption Act (I of 1913)--- ----S. 30---Suit for pre-emption .--Period of limitation---Delivery of possession to the vendee was made in the year 1978, but the same was not reported to Patwari---Mutation  was  attested  on  20-4-1981  and  the  suit  was  filed  on 21-3-1982---Trial Court had dismissed the suit being time-barred whereas the lower Appellate Court decreed the same being within time---Validity---Where delivery of possession to the vendee in year 1978 was not proved, period of limitation would be computed with effect from the date of attestation of the mutation---Suit was instituted on 21-3-1982 within the prescribed period of limitation of one year from 20-4-1981---No legal infirmity was found in the findings of lower Appellate Court. Ch. Abdul Rashid Gujjar for Petitioners. Syed Shakir Ali Rizvi for Respondent. Date of hearing: 17th December, 1998. JUDGMENT Evidenced through Mutation No.22 attested on 20-4-1981, the petitioners-vendees purchased the disputed land comprising an area of 4 Kanals and 6 Marlas of land fully described in the plaint. Claiming to be a collateral, being nephew of the vendor Ghaus Muhammad; Fateh Muhammad pre emptor/respondent instituted his suit on 21-3-1982 to pre-empt the said sale with the assertions that no notice as contemplated under section ,19 of the Punjab Pre emption Act, 1913 was served upon him and that the vendees did not enjoy the better pre-emptive status quo him. He contended that the sale price of Rs.4,500 as mentioned in the mutation was fictitiously got entered and that an amount of Rs.2,500 was fixed and paid which was also the market value of…