Law:

Section:

Punjab Pre-emption Act (I of 1913)--- ----S. 30---Limitation Act (IX of 1908), Arts.10 & 120---Pre-emption suit---Limitation---Pre-emptor filed suit on 30-10-1976 alleging to have acquired knowledge of sale about a month ago---Proof---Documentary evidence produced by vendee showed that sale of suit-land with delivery of possession to him had taken place in January, 1961---Vendee's witnesses were consistent in their statements that suit-land was sold by vendor along with delivery of possession to vendee long before suit---Provision of Act, 120 of Limitation Act, 1908, if applied,. would not advance case of pre-emptor---Suit was dismissed as time-barred. Ganesha v. Sadiq and another AIR 1937 Lah. 97; Luqman v. Allah Diwaya and others PLD 1967 Pesh. 166; Ismail and others v. Inayat Ali and others 1989 MLD 3078 and Muhammad Ali and 8 others v. Jam Lalu PLD 1990 Lah. 190 distinguished. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J. --- The -Petitioners seek leave to appeal against judgment, dated 19-3-2001 passed by the Lahore High Court, Rawalpindi Bench in Regular Second Appeal No.825 of 1980. 2. The brief facts of the case are that Fazal Dad (predecessor-in-interest of the -Petitioners) instituted against the -Respondents, on 30-10-1976, a suit for possession through pre-emption of Haveli measuring 24 Marlas situated in Abadi Mauza Langah, Tehsil and District Chakwal. It was stated in the plaint that the suit property was owned and possessed by one Khan Bahadur who sold the same in favour of the -Respondents for a sum of Rs.1,000 about a month earlier to the institution of the suit. Fazal Dad (deceased) claimed his superior right of pre-emption on the grounds, inter alia, of being a cousin, collateral, legal heir of vendor and a co-sharer of the suit property. The Civil Judge, Chakwal struck as many as nine issues on divergent pleadings of the parties including Issue No.1 as to whether the suit was barred by time? OPD. The suit of Fazal Dad (deceased) was decreed by the Civil Judge, Chakwal vide judgment and decree dated 16-10-1977. The first appeal of the -Respondents was accepted and the suit of the plaintiff Fazal Dad was dismissed by the Additional District Judge,…

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