Pakistan Case Law
1983 SCMR 567

IQBAL MUHAMMAD KHAN vs ABDUL HAQ CH.

⭐ Prefer in Google
Citation1983 SCMR 567
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 397 of 1982 Second Appeal No. 926 of 1979
Date1982-12-13
Judge(s)Aslam Riaz Hussain, Actg. C. J. and M. S. H. Quraishi
Authored byM. S. H. Quraishi
ResultLeave refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal under the Punjab Pre-emption Act, concerning the limitation period for filing a pre-emption suit where the sale mutation was attested on 28-11-1973 and the suit was filed on 25-11-1975. The core legal question is whether the suit was time-barred based on the date of actual sale versus the date of attestation of the mutation. The Supreme Court held that since the land was in the actual physical possession of tenants—a fact undisputed by the parties—the vendees could not be deemed to have taken physical possession on the date of sale, meaning limitation correctly ran from the date of mutation attestation. The Court further held that a valuation and court-fee point not pressed before the High Court cannot be raised for the first time before the Supreme Court. The petition was accordingly dismissed.

Questions settled in this judgment
  • From which date does limitation run for filing a pre-emption suit when the land is in the actual possession of tenants?
  • Can a new point regarding the valuation of the suit for court-fee, not pressed before the High Court, be raised for the first time before the Supreme Court?
Laws & provisions referred
  • Punjab Pre-emption Act
pre-emptionlimitation periodattestation of mutationphysical possessiontenantscourt-fee

ORDER

M. S. H. QURAISHI, J.-In this case which is under the Punjab Pre-emp--petition Act, that mutation of sale had been attested on 28-11-1973 and the suit had been filed on 25-11-1975. Learned counsel contends that the suit was time-barred inasmuch as the actual sale had taken place on 24-11- 1975. The High Court has held that since the land was in actual possession of tenants, which fact was not disputed by the parties, the vendees could not be said to have taken physical possession of the same on the date of the sale and as such the limitation started running from the date of the attestation of the mutation. This finding is in accord with the law and calls for no interference.

2. Learned counsel also challenges the correctness of the valuation of the suit for the purpose of court-fee, but there is nothing in the judgment of the High Court to show that this point had been pressed there. The learned Judge has recorded that the petitioner's counsel had disputed the findings on the question of waiver and limitation and he accordingly confine his discussion to those two points only. The point, therefore, is not permitted to be raised before this Court.

3. The petition fails and is accordingly dismissed.

Cited by 1 case

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.