Pakistan Case Law
1988 SCMR 1395

SARDAR MUHAMMAD Versus MUHAMMAD SHARIF KHAN

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Citation1988 SCMR 1395
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No.961 of 1983
Date1988-05-22
ResultLeave refused

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑ ‑Leave to appeal has been sought by a vendee in a pre‑emption matter against the dismissal of his Civil Revision by the High Court.

2. The main point raised by the learned counsel, besides the question of allegedly deficient court‑‑fee, is that the pre‑emption suit filed against the petitioner was time‑barred if the period of limitation is reckoned from the date of the possession. This point was duly noted by the High Court and finding of fact, regarding physical possession under the sale, was rendered against the petitioner The contention of the learned counsel that the learned Courts below did not pay any attention to this aspect of the case is not supported by the contents of the impugned Judgment.

3. We have not been able to find any force in the plea of the learned counsel regarding limitation. The question of court‑fee now stands resolved by the Judgment of this Court in the case of Siddique Khan (P L D 1984 S C 289) which goes against the petitioner. Leave to appeal. accordingly, is refused.

M.B.A./S‑155/S Leave refused.

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