Case Details

Citation(s)
1983 SLG 376 1983 SLD 376 1983 SCMR 567
Supreme Court of Pakistan
Civil Petition No. 397 of 1982, decision dated: 14-12-1982.(From the order dated 16.3 1982 of the Lahore High Court passed in Regular Second Appeal No. 926 of 1979)
ASLAM RIAZ HUSSAIN, ACTG. C.J. AND M. S. H. QURAISHI, J
Izhar ul Haque, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate on-Record for Petitioner. Jari Ullah Khan, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate on-Record for
Respondent

IQBAL MUHAMMAD KHAN

VS

ABDUL HAQ CH.

Law:

Section:

(a) Punjab Pre emotion Act (I of 1913)---S. 30 Pre emotion Vendee not in possession of suit land at time of sale Limitation, held, started from date of attestation of mutation. [Limitation]. (b) Punjab Pre emption Act (I of 1913) S. 15 Constitution of Pakistan (1973), Art. 185 (3) Court fee Question of court fee not pressed before High Court Held, cannot be allowed to raise such question before Supreme Court. ORDER M. S. H. QURAISHI, J. In this case which is under the Punjab Pre emption Act, that mutation of sale had been attested on 28 11 1973 and the suit had been filed on 25 11 1975. Learned counsel contends that the suit was time barred inasmuch as the actual sale had taken place on 24 11 1975. The High Court has held that since the land was in actual possession of tenants, which fact was not disputed by the parties, the vendees could not be said to have taken physical…
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