Law: Punjab Pre-emption Act, 1991

Section: 30(a),31

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(e)

(a) Punjab Pre-emption Act (IX of 1991)--- ----Ss. 30(a) & 31---Pre-eruption suit---Sale through registered deed---Limitation, computation of---Non-giving of public notice of such sale by Sub-Registrar---Effect---Provisions of S.30 of Punjab Pre-emption Act, 1991 would operate proprio vigore being independent of S.31, Punjab Pre-emption Act, 1991---Period of limitation for filing pre-emption suit would be governed by S.30 of the Act, and not by S.31 thereof---Date of registered sale-deed was terminus a quo for computing limitation period. Muhammad Ramzan v. Lal Khan 1995 SCMR 1510 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 129(e)---Official acts by public authorities would be presumed to have been regularly performed. ORDER FAQIR MUHAMMAD KHOKHAR, J.---This petition, under Article 185(3) of the Constitution of Islamic Republic of Pakistan, for leave to appeal, is directed against judgment, dated 15-11-1999, passed by the Lahore High Court, Multan Bench, in Civil Revision No.594 of 1999. 2. The petitioner instituted, against the respondent, a suit for possession through pre-emption, for the suit-land measuring 46 Kanals and 1 Marla. An application of the respondent, under Order VII, rule 11, C.P.C., for the rejection of the plaint was allowed by the trial Court by order, dated 24-7-1995, on the ground that the suit was barred by time in view of the provisions of section 30 of the Punjab Pre-emption Act, 1991 (hereinafter referred to as the Act). The Additional District Judge, Sahiwal, by judgment, dated 14-7-1996, allowed the appeal of the petitioner and remanded the case to the trial Court for decision on merits after recording the evidence of the parties. The respondent filed Civil Revision No.594 of 1999 which was accepted by the Lahore High Court, Multan Bench, by the impugned judgment, dated 15-11-1999. As a consequence thereof, the order, dated 14-7-1996 of the Additional District Judge was set aside and the order, dated 24-7-1995 passed by the Civil Judge was restored. Hence this petition for leave to appeal. 3. The learned counsel for the petitioner argued that the public notice of the sale of the suit property was not given by the…

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