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1994 SCMR 115

ABDUL MAJID and 5 others vs MUHAMMAD ASHRAFrespondent

Citation1994 SCMR 115
CourtSupreme Court of Pakistan
Case No.Civil Revision No. 975 of 1975 C.P.LA. No. 216 of 1993
Date1993-10-16
Judge(s)Saeeduzzaman Siddiqui, Saad Saood Jan
ResultLeave refused

ORDER

' SAAD SAOOD JAN, J.---This petition for special leave to appeal arises out of a pre-emption suit filed by the respondent and the only question for consideration is whether it was brought within time.

2. The petitioners are the vendees. The sale in their favour was an oral one. According to them the sale took place in 1960. However, that may be, the mutation with regard to the sale was attested on 9-10-1970. The suit was brought within a year of the attestation of the mutation.

3. If the attestation of the mutation is treated as the starting point for limitation the suit would admittedly be within time. However, the case of the petitioners is that immediately after the sale and long before the attestation of the mutation they took actual physical possession of the land purchased by them. In support of their claim they referred to certain entries in the Khasra Girdawari relating to the year 1969. The High Court and the learned trial Court were not impressed by these entries, coming on the record, as they did about nine years after the alleged date of sale. After hearing the learned counsel for the petitioners we see no reason to take a different view in the matter. Leave is refused.

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