Case Details

Citation(s)
2008 SLG 1912 2008 SLD 1912 2008 SCMR 1685
Supreme Court of Pakistan
Civil Appeal No.1485 of 2007, decision dated: 7-05-2008.(On appeal from judgment, dated 27-6-2007 of the Lahore High Court, Lahore, passed in Civil Revision No.218 of 2007)
FAQIR MUHAMMAD KHOKHAR, MUHAMMAD MOOSA K. LEGHARI AND SHEIKH HAKIM ALI, JJ
Ch. Manzoor Hussain Basra, Advocate Supreme Court for Appellants. Syed Kaleem Ahmed Khurshid, Advocate Supreme Court for
Respondent No. 1

NABI AHMED and others

VS

MUHAMMAD ARSHAD and others

Law:

Section:

Punjab Pre-emption Act (IX of 1991)----S. 24---West Pakistan General Clauses Act (VI of 1956), Ss.8 & 9---Pre-emption suit---Direction of Trial Court to pre-emptor to deposit Zare-e-Soem of the sale price within 30 days---Computation of period---Principles---Word `of' used in first proviso to S.24, Punjab Pre-emption Act, 1991 was to be construed in its proper context and meaning in that thirty days' time had to be reckoned after the day of institution of the suit---If the limitation period for depositing the Zare-e-Soem expired on a day when the court was closed on account of public holiday or Sunday, the deposit could validly be made on the next day---Principles---Raja v. Tanvir Riaz and others 2006 CLC 1455 and Syed Mushtaq Hussain v. Jewan and 4 others 2007 MLD 1062 held, not a correct law. Raja v. Tanvir Riaz and others 2006 CLC 1455; Syed Mushtaq Hussain v. Jewan and 4 others 2007 MLD 1062; Fazal Elahi v. Noor Ahmed and 2 others PLD 2006 Lah. 318; Muhammad Yousaf and 3 others v. Zafarullah and another 1992 SCMR 117; PLD 1993 SC 204; Mian Muhammad Talha Adil v. Mian Muhammad Lutfi 2005 SCMR 720; Ghulam Mustafa Khan v. Ashiq Hussain and others 2003 CLC 1661; Abdul Wahid and others v. Sardar Ali and others 2000 SCMR 650; Ghulam Hussain v. Jamshaid Ali 2001 SCMR 1001; Rashid Ehsan and others v. Bashir Ahmad and another PLD 1989 SC 146; Iftikhar Baig v. Muhammad Azam and others 1996 SCMR 762; Abdul Rashid v. Abdul Salam and others 1991 SCMR 2012; Mian Muhammad Talha Adil v. Mian Muhammad Lutfi 2005 SCMR 720; Words and Phrases, Permanent Edition 1972, Vol. 29, p.341; p.344 and Obaid-ud-Din and others v. Faiz Muhammad Khan and others 1987 SCMR 216 ref. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.--- On 26-10-2001,, respondent No.1 filed a suit for possession, of the-suit land measuring 20 Kanals and 3 Marlas through pre-emption which had been purchased by the appellants and respondents Nos.2 and 3 through registered sale-deed dated 30th June, 2001 for a consideration of Rs.4,50,000. The suit came up for hearing on 27-10-2001 before the Civil Judge, Daska, District Sialkot, who directed the respondent No.1 to deposit a sum of Rs.1,50,000 being 1/3rd (Zar-e-Soem) of…
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