| Citation(s) |
|---|
| 1994 SLG 499 1994 SLD 499 1994 SCMR 115 |
Supreme Court of Pakistan
C.P.LA. No. 216 of 1993, decision dated: 16-10-1993
SAAD SAOOD, JAN AND SAEEDUZZAMAN SIDDIQUI, JJ
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C.P.LA. No. 216 of 1993, decision dated: 16-10-1993
SAAD SAOOD, JAN AND SAEEDUZZAMAN SIDDIQUI, JJ
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ABDUL MAJID and 5 others
MUHAMMAD ASHRAF
Law:
Section:
Punjab Pre-emption Act (I of 1913)--S. 30---Constitution of Pakistan (1973), Art. 185 (3)---Pre-emption suit---Limitation---Only question for consideration was whether suit for pre-emption had been brought within time---Defendants claimed that sale having taken place in 1960, mutation with regard to same was attested on 9-10-1970---Suit was brought within one year of attestation of such mutation---If attestation of mutation was treated as .the starting point for limitation, suit would be within time--- Defendants, however, claimed that immediately after sale and long before attestation of mutation, they took actual physical possession of land purchased by them---In support of such claim defendants referred to entries in Khasra Girdawari relating to year 1969---High Court and Trial Court were not impressed by such entries, coming on the record, as they did about nine years after alleged date of sale---No case was made out to take a different view by the Supreme Court in the matter---Leave to appeal was refused. ORDER SAAD SAOOD JAN, J: --This petition for special leave to appeal arises out of a pre-emption suit filed by the respondent and the only, question for consideration is whether it was brought within…
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