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2002 SCMR 1991

SARDAR MUHAMMAD and others vs MUHAMMAD FAZIL and others

Citation2002 SCMR 1991
CourtSupreme Court of Pakistan
Case No.Civil Review Petitions Nos.42-L and 43-L of 2001 Civil Petitions Nos.2056-L
Date2002-04-16
Judge(s)Faqir Muhammad Khokhar, Khalil-ur-Rehman Ramday, Munir A. Sheikh
ResultPetition dismissed

ORDER

' MUNIR A. SHEIKH. J.---By this common order, we propose to decide these two Civil Review Petitions.

Learned counsel for the petitioner wanted to argue that the suit tiled by respondent/plaintiff-pre- emptor was barred by time, the same having not been filed within one year from the date of even attestation of mutation.

2. We have gone through the judgment of the trial Court in which it was clearly held that the suit had been filed within one year from the date of attestation of mutation and delivery of physical possession of the land prior thereto had not been proved.

3. In the grounds of appeal before the First Appellate Court, the petitioner did not challenge the correctness of findings that from the date of mutation the suit had been filed within one year but stated that the period of limitation should he computed from the date of delivery of possession of the land under section 30 of Punjab Pre-emption Act.

4. A finding of fact had already been recorded .That delivery of physical possession of land had not been proved to have been made prior to the date of attestation of mutation.

5. No case of mistake apparent on the face of record has been made out, therefore, these petitions have no merits which are accordingly dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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