Case Details

Citation(s)
1988 SLG 2693 1988 SLD 2693 1988 SCMR 1583
Supreme Court of Pakistan
Civil Petition No. 247 of 1985, decided on 4th June, 1988. (Against the judgment and order of the Lahore High Court, Lahore, Dated 31-1-1985 in C.R. 2109-D of 1984). Date of hearing: 4th June, 1988.
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD JAN, JJ

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MUHAMMAD SADIQ and others

VS

ABDUL LATIF--Respondent

Law: Punjab Pre-emption Act, 1913

Section: 21

Punjab Pre-emption Act (I of 1913)--   ---S.21--Pre-emption suit--Question of fact--Plea taken by vendees was that as they had taken physical possession prior to the formal transaction of sale, therefore, the suit filed by pre-emptor within one year of the formal transaction of sale, was time-barred--Record showing that vendees had failed to establish the transfer of physical possession under the sale to the vendees at the relevant time--Plea of vendees repelled. a JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This is a petition by vendees side in a pre-emption matter against the dismissal of their Civil Revision by the High Court. Learned counsel has contended that the question of bar of limitation having rightly been decided by the trial Court against the respondent-pre-emptor, the two higher appeal Courts could not have upset the judgment of the trial Court, without…
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