Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11

Law: Punjab Pre-emption Act, 1991

Section: 30

Punjab Pre-emption Act (IX of 1991)-------Ss. 5 & 30---Sale through deed registered in execution of decree for specific performance of sale agreement---Pre-emption suit---Limitation---Prescribed period of four months would not start from date of such decree or commencement of execution proceedings, but would start from date of registration of sale-deed---Where' possession of property was proved to be delivered prior to registration of sale-deed, then limitation would start from date of delivery of possession. Mst. Maqsood Mai v. Abdul Rashid and others PLD 2006 SC 306 rel. Sh. Masood Akhtar for Petitioner. ORDER MAULVI ANWARUL HAQ, J.--- Seeking specific performance of an agreement to sell, dated 19-3-1984 the petitioner filed a suit on 1-4-1984. This suit was contested by the opponents and was decreed by the learned trial Court on 3-7-1988. First appeal was dismissed on 27-7-1995. R.S.A. No.46 of 1995 was dismissed by this Court on 23-6-1999 while C.P.L.A. No.1141/L of 1999 was dismissed by the Honourable Supreme Court of Pakistan on 13-12-2000. The decree was put into execution and a sale-deed was executed in favour of the petitioner by the learned Executing Court on 12-6-2001 and registered on 23-10-2001. 2. On 19-11-2001 the respondents Nos.1 and 2 filed a suit against the petitioner for possession of the land, subject-matter of the sale-deed, by pre-emption. I may note here that at a later stage, respondents Nos.3 and 4 were impleaded as parties as they claimed that the petitioner has entered into an agreement promising to sell the suit-land to them. Written statements were filed by the petitioner as well as the said respondents Nos.3 and 4 who had also filed a suit for specific performance of the alleged agreement to sell. One of .the objections raised was that the suit is barred by time. The learned trial Court consolidated both the suits vide order, dated 4-4-2005 and issues were framed. The proceedings were to be conducted in the said pre-emption suit. Issue No.4 pertained to the said objection of limitation. Vide order, dated 6-12-2005 the learned trial Court decided to treat the said issue as preliminary. Evidence on this issue was also recorded…

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