| Citation(s) |
|---|
| 2010 SLG 2585 2010 SLD 2585 2010 CLC 740 |
Lahore High Court
MUHAMMAD KHALID ALVI, J
Syed Muhammad Rafique Shah for Petitioner. Rana Nasrullah Khan for
Respondents.
MUHAMMAD KHALID ALVI, J
Syed Muhammad Rafique Shah for Petitioner. Rana Nasrullah Khan for
Respondents.
MUHAMMAD HUSSAIN and anothers
VS
Ch. MUHAMMAD SHARIF through L.Rs. and another
Law:
Section:
Punjab Pre-emption Act (IX of 1991)--- ----Ss. 6, 13 & 31---Suit for pre-emption filed during interregnum period---Limitation---Suit was concurrently dismissed by the Trial Court and Appellate Court---Sale in question was entered through registered sale-deed on 23-2-1988 and according to the plaintiffs they acquired knowledge of such sale on 27-1-1989 i.e. eleven months and four days after the sale---Notice of Talb-i-Ishhad was issued on 30-1-1989 and suit was filed on 21-2-1989 i.e. 22 days after issuance of Talbi-Ishhad---Period of limitation for suit filed during interregnum period would be four months and not one year. Azizul Haq v. Muhammad Aslam and others 1995 MLD 1854; Noor Begum v. Muhammad Boota and 3 others PLD 1995 Lah. 344; Haji Rana Muhammad Shabbir Ahmed Khan v. Government of Punjab Province, Lahore PLD 1994 SC 1; Government of N.-W.F.P. through Secretary, Law Department v. Malik Said Kamal Shah PLD 1986 SC 360; Asghar Abbas and 3 others v. Muhammad Amin and 6 others 1993 SCMR 2022 and Mehr Moman Khan v. Ghulam Abbas and 3 others 2001 SCMR 1979 ref. JUDGMENT MUHAMMAD KHALID ALVI, J.--- Brief facts of the case are that petitioners filed a suit for pre-emption against the respondents to pre-empt sale entered through registered sale-deed dated 23-2-1988. According to the petitioners they acquired knowledge of sale on 27-1-1989, consequently issued notice of Talb-e-Ishhad on 30-1-1989 and ultimately filed suit on 21-2-1989. Suit was contested by the respondents and the learned trial Court vide judgment and decree dated 2-6-2001 dismissed the suit. Petitioners' appeal was also dismissed vide judgment and decree dated 3-7-2003. Both these judgments and decrees are being assailed through the instant civil revision. 2. Before learned counsel for the petitioners could open his case on other merit, he was confronted with regard to question of limitation in suit, particularly with reference to judgment of this Court reported as Azizul Haq v. Muhammad Aslam and others 1995 MLD 1854, Noor Begum v. Muhammad Boota and 3 others PLD 1995 Lah. 344 and judgment of the honourable Supreme Court reported as Haji Rana Muhammad Shabbir Ahmed Khan v. Government of…
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