Law:

Section:

North-West Frontier Province Pre-emption Act (X of 1987)-------S. 31 [as amended by North-West Frontier Province Pre=emption (Amendment) Act (X of 1992)]---Suit for pre-emption ---Limitation--­Section 31 N.-W.F.P. Pre-emption Act, 1987 which provided limitation period of one year for filing pre-emption suit, had been amended by Amending Act (X of 1992) by which pre-emptor could exercise his right of pre-emption within 120 days of sale of pre-empted land ---Pre-emption suits filed after prescribed period of 120 days at time when said Amending Act, had come into force, were time-barred and plaints were liable to be rejected.---[Limitation]. Gohar Zaman Khan Kundi, for Petitioner. Muhammad Ayaz Khan, Oasuria, for Respondents. Date of hearing: 4th April, 1994. JUDGMENT Civil Revisions Nos. 220, 263 and 264 of 1993 involve more or less the same questions of law and facts for resolution at this end. These revision petitions are accordingly proposed to be disposed of by a joint order. In Civil Revision No. 220 of 1993 a sale of agricultural land was effected by a mutation attested on 5-i1-1991. Pre-emptor claimed to have gained knowledge of the sale on 9-12-1991 that he made Talbi Muwathibat there and then the same day followed by Talbi Ishhad on 11-12-1991 and instituted a suit for pre-emption on 16-3-1992. His suit was dismissed as having been found time-barred as filed beyond 120 days of the date of attestation of the sale mutation. 2. In Civil Revisions Nos. 263 and 264 of 1993 the sales of agricultural land were effected by attestation of the mutations on 10-8-1991 which were pre-empted by institution of suits on -30-5-1992. Vendee made applications for dismissal of the suits on ground of limitation but his applications were turned down obliging him to invoke the revisional jurisdiction of this Court in the subject matter. 3. Learned counsel for the parties were heard at great length. Now in section 31 the N.W.F.P. Pre-emption Act, 1987 had provided a period of one year for institution of a suit to enforce a right of pre-emption from the date of registration of the sale-deed or the attestation of the mutation or taking over the physical possession of the property…

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