Mst. AMIR BANO AND Another vs JAN MUHAMMAD AND Another
This matter arises from a petition for leave to appeal against the dismissal of a pre-emption suit on the ground of limitation. The core legal question concerns the starting point of limitation for a pre-emption suit regarding agricultural land where possession was held prior to the attestation of mutation and the final decree. The Supreme Court of Pakistan held that the contention requiring examination of when possession is deemed taken under a sale—specifically regarding whether limitation runs from prior possession or from the attestation of mutation following a declaratory decree to which the pre-emptors were not parties—raises a point requiring consideration. Accordingly, the Court granted leave to appeal and issued an interim order restraining alienation of the land, laying down the principle that the starting point of limitation based on possession under a disputed sale transaction warrants formal appellate review.
- From what date does limitation begin to run for a pre-emption suit where the vendee's possession of the disputed land predates the attestation of mutation?
- Does possession held under a power-of-attorney subsequently revoked constitute possession under a sale for the purposes of limitation in a pre-emption suit?
- Whether the date of attestation of mutation following a final declaratory decree serves as the date of possession for pre-emptors who were not parties to the earlier declaratory suit?
ORDER
M. S. H. QURESHI, J. An entry of mutation of sale of some agricultural land by one Karam Shah in favour of Jan Muhammad and Mian Muhammad respondents, in whose favour Karam Shah had executed a power of-attorney for the purpose, was made on 12-9-1966. The mutation was, however, cancelled on 6-3-1967 as the power-of-attorney had been revoked. Jan Muhammad and Mian Muhammad, thereupon, brought a declaratory suit against Karam Shah, in which they succeeded, and obtained a decree on 16-5-1969, which was affirmed by the appellate Court on 23-7-1970, when Karam Shah's appeal was dismissed. On the basis of the decree, fresh mutation No. 2034 was attested on 6-10-1970.Mst. Amir Bano and Mst. Faiz Batool, the mother and sister respectively of Karam Shah, pre-empted the sale by a suit instituted on 25-5-1971. The suit was decreed but on appeal preferred by the respondents, it was dismissed on the ground of limitation.
The decision was maintained by the High Court, which dismissed the pre-emptors' second appeal.
Hence this petition.
2. The view taken by the first and second appellate Courts was that there being proof in the revenue records of the respondents' possession of the disputed land from 1966, the limitation would run from that time and as such the suit was barred. The contention, however, is that there was no sale in the eye of law until the decree passed in favour of the respondents attained finality, that the possession for the purposes of limitation has to be one taken under the sale and that since the petitioners had not been party to the suit, the date of possession for the purpose of their suit would be the date of the attestation of mutation on 6-10-1970. We are inclined to the view that the point requires consideration and accordingly grant leave to appeal. Security Rs. 2,000,00 Meanwhile, the respondents shall not alienate the suit land.