Law:

Section:

(On appeal from the /order, dated 30 .1993, of the Lahore High Court, Lahore passed in R. S.A. No. 127 of 1988). Punjab Pre-emption Act (I of 1913)--Ss. 15, 21 & 30 --- Limitation Act (IX of 1908), Art. 120--- Suit for pre­emption --- Limitation --- Suit was filed by pre-emptor within one year from final date of sanction/attestation of mutation of sale in favour of vendee of land in dispute --- Vendee having failed to prove that possession of land was obtained by him prior to attestation of mutation thereof, Trial Court and High Court, had rightly found that suit filed by pre-emptor within one year from attestation of mutation of sale, was within time. Sher Muhammad v. Rajada PLD 1981 SC 591; Mst. Amir Bano v. Jan Muhammad 1992 SCMR 843: Faiz Bakhsh v. Faqir Muhammad 1997 SCMR 1617, Allah Yar v. Raja 1989 SCMR 802; H. Niamatullah Khan v. Mst. Shabnama 1974 SCMR 425; Khushi Yar and others v. Risaldar Malik Nawab Khan and others PLD 1987 Lah. 127 and Wali Muhammad v. Dost Muhammad and another 1986 CLC 1220 ref. JUDGMENT IRSHAD HASAN KHAN, J.---This appeal, with the leave of the Court is directed against the judgment, dated 30-1-1993, passed by a learned Single Judge of the Lahore High Court, Lahore in R.S.A. No.127 of 1988, whereby the appeal of the r6pondents was accepted. 2. The brief facts are that the appellant had purchased land measuring 114 Kanals situate in Chak. No. 190/NB, District Sargodha, in consideration of a sum of Rs,58,500, from Muhammad Hayat son of Raja vendor, on the basis of a decree from the Court, dated 8-12-1977 whereafter in execution of the decree, Mutation No.318 was entered on 10-1-1980, which was rejected by the Revenue Officer as permission of the Collector was required for the sale under section .19 of the Punjab Colonization of Government Lands Act. However, order of the Revenue Officer, dated 10-1-1980 was set aside on 28-6-1980, in appeal , with the result that mutation No.318 was sanctioned on 30-9-1980 in favour of the appellant. 3. Nabi Bakhsh deceased, represented by respondents, filed a suit for pre­emption on 29-9-1981, which was decreed in his favour by the learned Civil Judge by judgment and decree, dated 15-4-1986.…

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