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Citation Name: 2023 MLD 478 PESHAWAR-HIGH-COURTBookmark this Case Raja MOHAMMAD TAHIR AYUB vs MOHAMMAD IRFAN QURESHI O — 2023 MLD 478 PESHAWAR-HIGH-COURT

Case information

Citation
2023 MLD 478 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Reporter
MLD
Parties
Citation Name: 2023 MLD 478 PESHAWAR-HIGH-COURTBookmark this Case Raja MOHAMMAD TAHIR AYUB vs MOHAMMAD IRFAN QURESHI O
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2023 MLD 478 PESHAWAR-HIGH-COURTBookmark this Case Raja MOHAMMAD TAHIR AYUB VS MOHAMMAD IRFAN QURESHI O. XX, R. 14---Pre-emption decree---Execution proceedings---Limitation, computation of---Principle---Petitioner/decree holder filed suit for recovery of possession through pre-emption which was decreed in his favour---Execution petition filed by petitioner/decree holder was dismissed by Executing Court and Lower Appellate Court---Validity---Provision of O. XX, R. 14, C.P.C. were mandatory in nature---Decree for preemption was conditional degree where petitioner/decree holder was to fulfill two conditions---Firstly, petitioner/decree holder was to deposit in Court purchase money together with costs if any, decreed against him and secondly deposit was to be made on or before the date fixed by Court---Such provision of C.P.C. contained penal consequences of dismissal of suit in case petitioner/decree holder failed to make payment of purchase money in Court on or before the date fixed in decree---Once petitioner/decree holder performed his part of obligation as per directions contained in decree, then he automatically had become owner of the property and was entitled for possession---Concerned revenue authorities were bound to implement decree for the purpose of record of rights without any order from Executing Court---In case authorities concerned failed to do the needful, then petitioner/decree holder could file application for execution of decree--- In such circumstances, time for the purpose of limitation was to be reckoned from the date of default in performance of obligation by revenue authorities---High Court directed Executing Court to execute decree in favour of petitioner/decree holder and set aside judgments and orders passed by two Courts below---Revision was allowed accordingly.

Other judgments reported in 2023 MLD

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