Law:

Section:

Punjab Pre emption Act (1 ref 1913) -----S. 30 Constitution of Pakistan (1973), Art. 185 (3) Suit for pre emption dismissed by Trial Court was decreed by Appellate and Revisional Court -Validity Decree in question, was assailed on the ground that physical possession of the land was delivered to vendee on specified date when entry of transaction of sale was made in mutation, therefore, suit filed after one year of such specified date was barred by time; and that plaintiff had failed to prove superior right of pre emption Plaintiff's superior right of pre emption was not specifically denied in written statement Plaintiff was not cross examined by defendant when he stated before Court that he was the brother of vendor and also a co sharer in the Khata in question Superior right of plaintiff was also not challenged by defendant before High Court Subject matter of suit for pre emption being a share in joint Khata was not capable of admitting physical possession on specified date, when entry with regard to transaction of sale was made in mutation Limitation would, thus, run from the date of attestation of mutation and not from specified date when entry was made in the register of mutations relating to transaction of sale Suit for pre emption having been filed within one year of attestation of mutation was well within time Well reasoned of High Court whereby decree for pre emption was affirmed in favour of plaintiff was not susceptible to interference Leave to appeal was refused in circumstances. JUDGMENT MUHAMMAD MUNIR KHAN, J This petition for leave to appeal which is directed against the judgment dated 16 5 1993 of the Lahore High Court, Lahore, arises from the facts that on 21 2 1975, Nawab Din (respondent) filed a suit for possession through pre emption of the land measuring 14 Kanals 17 Marlas i.e., 1/2 share of Khewat No. 133, Khatuni No.201, Jaranwala, on the basis of being real brother of the vendor and.cosharer in the Khata, against Muhammad Rafi (predecessor in interest of the present petitioners namely, Mst. Nasreen Akhtar and 5 others), in the Court of Civil Judge, Jaranwala. The suit was resisted. Issues were framed. The plaintiff appeared as P.W.2 and…

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