Pakistan Case Law
1988 SCMR 1389

MUHAMMAD MUMTAZ Versus MUHAMMAD SHER

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Citation1988 SCMR 1389
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 670 of 1985
Date1988-06-01
Judge(s)Muhammad Afza1 Zullah and Saad Saood Jan
Authored bySaar Saood Jan
ResultPetition dismissed

ORDER

SAAR SAOOD JAN, J.‑ ‑In this petition for special leave to appeal which arises out of a pre‑emption suit, the sole question for consideration is about the starting point for limitation for filing the suit. The petitioners who are the vendees contended that the limitation started running on the date when the agreement to sell was executed. On the other hand, the contention of the respondent was that the limitation was to be reckoned from the date when the last instalment of the consideration was paid to the vendor.

2. After examining the record as well as the agreement to sell, the Additional District Judge held that the sale was not complete the last instalment had been paid and as such the suit was with time. This finding was affirmed by the High Court. We see n justification for taking a different view. The petition is dismissed.

M.B.A./M‑476/S Petition dismissed.

Cited by 4 cases

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