Law:

Section:

Azad Jammu & Kashmir Right of Prior Purchase Act (1993 B.K.)-------Ss. 6 & 14--Limitation Act (IX of 1908), S.I8 & Art.10---Suit for pre-emption-Limitation---Condonation of delay---Suit, despite being barred by time, was allowed to continue by the Trial Court holding that issue of limitation required evidence--Appellate Court, however, dismissed suit declaring same as time-barred---Validity--Suit, admittedly had been filed with a delay of four days after expiry of specified period of four months from registration of sale-deed--Possession of suit-land was handed over to vendee on the very same date when sale was registered---Pre-emptor's case was not that sale-deed was concealed by way of any fraud or that he was kept away from knowledge of his right or title on which it was founded--Pre-emptor had not pleaded fraud--Vendor being full owner having transferred suit-land for consideration through a registered sale-deed, pre-emptor could not be benefited under S.18 of Limitation Act, 1908---Appellate Court, in circumstances, had rightly declared the suit as time-barred as same was filed with a delay of four days-Plaintiff seeking condonation of delay in filing suit, could not prove that during that period he was sick and was under treatment---False story had been made to cover up limitation---Appeal against of Appellate Court below, was disallowed, in circumstances. 1998 CLC 711; 2000 MLD 1329; 2001 CLC 1149; 2004 MLD 943; PLD 1992 (AJ&K) 62 and 1998 CLC 371 ref. Rafiullah Sultani for Appellant. Ch. Mehboob Ellahi for Respondents. ORDER SARDAR MUHAMMAD NAWAZ KHAN, J.--This appeal arises out of the following facts. Fazal Ellahi respondent No.2 executed a sale-deed in favour of Muhammad Sharif respondent No.1 on 7-4-2004. The document was registered on the same date. Sallah Muhammad appellant impeached the said sale through a pre-emption suit on 12-8-2004. He while submitting his plaint contended that the sale-deed was secretly executed and he had no knowledge about registration of the sale-deed before 11-8-2004. He remained under treatment in the hospital from 4-8-2004 to 11-8-2004 and when his villagers visited him in the hospital it became known to…

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