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MST. KAUSAR PARVEEN versus MUHAMMAD IQBAL


There was no notice of sale / release as required under Section 31 of the Punjab Pre-Emission Act, 1991 under section 30 and 31 pre-emption suit period. Subject to the provisions of Section 31 of the said Act, as no notice of sale was published / issued as required under Section 31 of the said Act, the delimitation period is subject to the knowledge of the pre-emptor according to section 30 (d). Will begin on the date of The Punjab Pre-Emission Act of 1991 was independent of each other under Articles 30 and 31 of 1991, though Section 31 of the said Act mandated that public notice should be issued under it. Section 31 of the Act cannot be envisaged to govern and control the limitation period set by section 30 of the Act, if the legislature intended to make the subject matter subject to the limitation period. In accordance with the requirements of Section 31 of the Punjab Pre-emption Act 1991, the legislature may have indicated clearly its intention to use appropriate expressions and / or words in any of the section 30 of the Punjab Pre-emption Act 1991. Under section 31 of the Act, the notice was not a prerequisite for counting a period and it cannot be assumed that in the absence of notice, the date of knowledge should be the beginning of a four-month limitation period.

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