Malik HADAYAT ULLAH AND 2 Other vs MURAD ALI KHAN — 1972 PLD 69

Citation: 1972 PLD 69

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-11-26

Parties: Malik HADAYAT ULLAH AND 2 Other vs MURAD ALI KHAN

Headnotes

Case cited as PLD 1972 Supreme Court 69

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: Malik HADAYAT ULLAH AND 2 Other vs MURAD ALI KHAN Case No.: Civil Appeal No. 135 of 1970 Date of Judgment:1971-11-26 Reported As: PLD 1972 Supreme Court 69 Result: Appeal accepted JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.----This appeal by special leave arises out of a judgment of a learned Single Judge of the erstwhile High Court of West Pakistan, Lahore Seat, by which he has held that the Court has no jurisdiction to extend the time for the deposit of the initial payment required to be made under section 22 of the Punjab Pre-emption Act, 1913 by a person applying for preemption. The circumstances in which this order came to be made may be briefly stated as follows. On the 9th of July 1967, one Muhammad Anwar and four others executed a Deed of Sale in favour of tile respondent Murad Ali Khan of certain agricultural lands in the District of Sialkot. This Deed was registered on the 9th of October 1967. The three appellants who claimed to be residents of the village in which the property is situated as also co-owners in the estate filed a suit for pre-emption of the sale on the 17th of November 1967, on the ground that the vendee was a stranger. This suit was registered on the same day in the Court of Civil Judge, 1st Class, Narowal, who directed the issuance of process as also passed an order under section 22 of the Punjab Pre-emption Act that the zari panjam, i.e., 1/5th of the…

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