ADIL KHALIL SATTAR vs SAAD NASIM KHAN Ss — 2025 CLC 1109 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 1109 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: ADIL KHALIL SATTAR vs SAAD NASIM KHAN Ss
Subject matter: Civil
Provisions referred to: S. 31; S. 30; Civil Procedure Code (V of 1908); Punjab Pre-emption Act

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

ADIL KHALIL SATTAR VS SAAD NASIM KHAN Ss. 13, 30(b) & 31---Civil Procedure Code (V of 1908), O.VII, R. 11---Suit for possession through pre-emption, filing of---Limitation---Non-issuance of notice to the petitioner/public at large---Effect---Petitioner asserted that he got knowledge of the sale on 29.09.2016, whereas, the sale was effected through mutation on 22.12.2015---Respondent while resisting the suit filed application for rejection of plaint, which was accepted and appeal preferred by the petitioner was dismissed---Contention of the petitioner was that since no notice under S. 31 of the Punjab Pre-emption Act, 1991, (Act) was issued at the time of attestation of mutation, thus, limitation started running from the date of knowledge---Validity---In case a sale is made through mutation the limitation will be counted from the date of attestation of mutation and the pre-emptor is bound to bring his suit within four months from such date---Section 30(d) of the Act clearly envisages that limitation for instituting a suit for pre-emption would commence from the date of knowledge by the pre-emptor only in cases not covered under preceding paragraphs---Period of limitation would be computed keeping in view the mandate of S. 30 of the Act, which clearly provided four months for the institution of the suit from the date of attestation of mutation and not from the date of knowledge in the plaint---Civil revision was dismissed, in circumstances.

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