Law: Constitution of Pakistan, 1973

Section: 185(3)

Provincially Administered Tribal Areas of North-West Frontier Province (Application of Laws) Regulation (III of 1975)---Regln.2--Constitution of Pakistan (1973), Art. 185(3)--Time-barred suit, plea of--Petitioners' predecessor obtaining possession of property through pre-­emption suit in 1952--Contesting respondent filing declaratory suit against petitioners in respect of pre-empted property in 1977--High Court in exercise of Constitutional jurisdiction held the suit to be within time--Leave to appeal was granted to consider whether suit filed by contesting respondent was barred by time. Maulvi Siraj-ul-Haq, Senior Advocate Supreme Court and MA. Siddiqi, Advocate-on-Record (absent) for Petitioners. Nemo for Respondents. Date of hearing: 29th November, 1988. ORDER ALI HUSSAIN OAZILBASH, J.--This is a petition for leave to appeal from the order of a learned Division Bench of the Peshawar High Court, dated 12-1-1987. 2. The facts as given in the petition are that Noor Dad Khan (respondent No.2) sold the land in dispute to one Rahim Dad Khan through a sale-deed No.31 on 4-6-1952. The petitioners' predecessor-in-interest succeeded in obtaining the possession of the suit property through a pre-emption suit on 9-9-1952 against the payment of a consideration of Rs. 3,500. The decree was passed by the then "Shariat" Court which was later on confirmed by the "Musheer" of Swat State. The petitioners are in enjoyment of the suit property since then. 3. On the merger of the Swat State, one Salar Muhammad, brother-in-law of respondent No.l, during the Settlement claimed the suit property to be the property of respondent No.1 but this claim was turned down by the Tehsildar Settlement in 1977. Respondent No.l who was residing in Thailand since 50 years came to Pakistan and instituted a declaratory suit against the petitioners on 5-9-1977 under PATA Regulation of 1975 before the Deputy…

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