Case Details

Citation(s)
1991 SLG 1462 1991 SLD 1462 1991 SCMR 1933
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.358-R of 1989, decision dated: 8-10-1989(On appeal from the judgment, dated 21-6-1989 of the Peshawar High Court in Civil Revision No.284 of 1984)
MUHAMMAD AFZAL ZULLAH AND S. USMAN ALI SHAH, JJ

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ALI ZAMAN

YAQUB

Law:

Section:

Punjab Pre-emption Act (I of 1913)--S.30---Constitution of Pakistan (1973), Art.185(3)---Pre-emption suit dismissed on ground of limitation---High Court in revision held that period of limitation would start from the date of final attestation of mutation of sale because earlier wrong order of mutation was set aside and case was remanded for fresh decision in accordance with law---Order of remand of mutation having been passed on 16-9-1974, attestation of mutation was effected on 4-2-1976--­Petitioner's plea that date of possession under the sale was 19-5-1974, when mutation entry was made thus date of final attestation of mutation on 4-2-1976 would lose significance and limitation would start from 19-5-1974, was not borne out by the evidence on record---Lower appellate and revisional Court also did not accept petitioner's plea in that behalf---High Court's view on factual aspect of the case being unexceptionable,, leave to appeal was refused. Sher Muhammad v. Rajada and another PLD 1981 SC 591 and Gharib Shah and others v. Zarmar Gul PLD 1984 SC 188 rel. ORDER MUHAMMAD AFZAL ZULLAH, J: --Leave to appeal has -been sought; against the judgment dated 21st June, 1989, of the Lahore High Court whereby; the petitioner's Civil Revision arising out of a pre-emption decree in favour of respondent, was upheld. The suit for pre-emption was dismissed on ground of limitation. The appeal Court reversed the decision of the trial Court. A learned Judge in the High Court on petitioner's Revision found that the period of limitation would start from the date of the final attestation of the mutation of sale---because, earlier wrong order of mutation was set aside and the said case was remanded for fresh decision in accordance with law. Although the learned counsel states that the detailed reasons…
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