Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-------S. 30--- Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether date of physical possession was not relevant in terms of S.30, Punjab Pre-emption Act, 1913; and whether period of limitation would start either from date of attestation of sale or from date of possession whichever was earlier. Muhammad Malik v. Mst. Razia Begum PLD 1988 Lah. 45 ref. (b) Punjab Pre-emption Act (I of 1913)--- ----S. 30--- Suit for pre-emption ---Defendant claimed that he having taken possession of land in question, much earlier than attestation of mutation, suit filed within one year from attestation of mutation, was barred by time--- Three Courts had concurrently found that defendant could not adduce convincing evidence that he had taken possession on that day when he reported matter to Patwari and mutation was entered ---Concurrent findings of Courts below including that of High Court were not shown to suffer form any legal infirmity of kind warranting interference of Supreme Court in appeal---Findings of three Courts below that suit was not barred by limitation were maintained in circumstances. Sher Muhammad v. Rajada and another PLD 1969 Lah. 471; Sher Muhammad v. Rajada PLD 1981 SC 591; Muhammad Malik v. Mst. Razia Begum PLD 1988 Lah. 45; Imam Ali Shah v. Muhammad Sharif Khan 1976 SCMR 362; Gharib Shah and others v. Zarmar Gul PLD 1984 SC 188 and Ghulam Sarwar v. Mazhar Ahmed PLD 1995 SC 677 ref. JUDGMENT MUHAMMAD BASHIR KHAN JEHANGIRI, J.---This appeal through leave to this Court is directed against the judgment dated 6-3-1993 of Lahore High Court, whereby a Regular Second Appeal by. the defendant-vendee arising out of a pre-emption suit was dismissed on the affirmation of the finding of the Appellate Court that suit was not barred by limitation. 2. Vide Mutatioti No. 1101 sanctioned on 26-2-1968, -land measuring 116 Kanals and 14 Marlas situate in the revenue estate of village Kot Mial, Tehsil Shorekot, District Jhang, was purchased by the appellant herein from one Muhammad Nawaz allegedly for Rs.20,000. On 25-2-1959, that is to say within one year of the date of attestation of the mutation,…

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