| Case ID |
22c74593-f9e7-42b6-ba62-7819e9b7c240 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.548 of 1994 |
| Decision Date |
Feb 26, 1997 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the lower courts' findings that the suit for pre-emption was not barred by limitation. The appellant, Noor Muhammad, contested that he had taken possession of the land prior to the attestation of the mutation, claiming that the limitation period should start from the date of attestation or possession, whichever was earlier. However, the Courts found no convincing evidence to support his claim of prior possession. The final decision emphasized that the limitation period began from the date of attestation of the mutation, which was on 26-02-1968, and since the suit was filed within the one-year period from this date, it was deemed timely. The appeal was consequently dismissed, affirming the concurrent findings of the lower courts. |
| Summary |
This case revolves around the interpretation of the Punjab Pre-emption Act, 1913, specifically Section 30, which pertains to the limitation period for pre-emption suits. The Supreme Court of Pakistan examined whether the date of physical possession or the date of attestation of sale should initiate the limitation period. Noor Muhammad, the appellant, argued that he had taken possession of the land before the formal attestation of the mutation, which would affect the limitation timeline for the pre-emption suit filed by Ahmad's heirs. The Court analyzed previous cases and determined that the concurrent findings of the lower courts did not warrant interference. The ruling clarified that without adequate evidence of prior possession, the limitation period commenced from the attestation date. This decision reinforces the procedural rigor surrounding pre-emption claims and highlights the importance of documentary evidence in such legal matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Saidozzaman Siddiqui,
Fazal Ilahi Khan,
Muhammad Bashir Khan Jehangira
|
| Lawyers |
Sh. M. Asadullah,
Gul Zarin Kiyani
|
| Petitioners |
Noor Muhammad
|
| Respondents |
Mushtaq Hussain,
Ahmad through Legal Heirs
|
| Citations |
1997 SLD 411,
1997 PLD 371
|
| Other Citations |
Muhammad Malik v. Mst. Razia Begum PLD 1988 Lah. 45,
Sher Muhammad v. Rajada and another PLD 1969 Lah. 471,
Sher Muhammad v. Rajada PLD 1981 SC 591,
Imam Ali Shah v. Muhammad Sharif Khan 1976 SCMR 362,
Gharib Shah and others v. Zarmar Gul PLD 1984 SC 188,
Ghulam Sarwar v. Mazhar Ahmed PLD 1995 SC 677
|
| Laws Involved |
Punjab Pre-emption Act (I of 1913),
Constitution of Pakistan (1973)
|
| Sections |
30,
Art.185(3)
|