Law:

Section:

(a) Transfer of Property Act (IV of 1882)--- ----S. 54---'Perms "agreement to sell" and "sale"---Such terms neither synonymous nor interchangeable. (b) Punjab pre-emption Act (I of 1913)--- ----Ss. 6 & 30---Transfer of Property Act (IV of 1882), S.54---Pre­emption suit---Possession of property obtained under agreement to sell---Limitation---Such possession could not be considered as possession under sale especially for purpose of limitation. Madan Gopal v. Maran Bipari PLD 1969 SC 617; Karim v. Fazal Muhammad Shah PLD 1967 5C 411; Sher Muhammad v. Rajadha PLD 1981 SC 591; Allah Yar v. Raja 1989 SCMR 802; Ghulam Sarwar v. Mazhar Ahmad PLD 1995 SC 677; Ahmad v. Noor PLD 1997 SC 371 and Maqsood Mai v. Abdul Rashid PLD 2006 SC 306 ref. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Khasra Girdawari, entries in---No presumption of correctness could be attached to such entries like those appearing in Jamabandi. Muhammad Akram v. State 1977 SCMR 433 and Abdul Majid v. Muhammad Ashraf 1994 SCMR 115 rel. (d) Pre-emption--- ----Sale, divisibility of---Scope---Sale of land through arbitration---Vendees party to arbitration agreement---Receipt of sale price by vendor in lump sum from vendees---Sanctioning of one mutation of sale in favour of vendees---Effect---Such sale transaction could not be considered as divisible. JUDGMENT JAVED IQBAL, J. --- This appeal is, directed against the judgment dated 7-2-2001 whereby R.S.A. preferred on behalf of -Respondents has been accepted. 2. The facts of the case have been mentioned in the judgment impugned in extenso and as such reproduction whereof would be of no use. 3. Khawaja Muhammad Farooq, learned Senior Advocate Supreme, Court and Mr. Gulzarin Kiani, learned Advocate Supreme Court entered appearance on behalf of appellants and contended that the entire evidence could not have been reappraised by the learned single Judge in chambers in view of the provisions as contemplated in section 100, C.P.C. and the learned Judge should have confined only to the question of law or usage having the force of law or decision having failed to determine some material issue of law and usage having the force of law. It is…

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