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MUHAMMAD HAYAT versus SURRAYA BEGUM


Section 22 (1) of the Fifth Security Civil Judge, requiring the Appellant to submit a security, rather than directing the submission of the Applicable Appeal to the Gold I Panjum Appellant, provided that under the terms of its supply Will not comply with the trial court's direction. Section 22, Section (1) of the Punjab Pre-Empathy Act, 1913

1981 C L C 293

[Lahore]

Before Muhammad Ilyas, J

MUHAMMAD HAYAT‑Petitioner

versus

Mst. SURRAYA BEGUM AND ANOTHER‑Respondents

Regular Second Appeal No. 19 of 1980, decided on 4th June, 1980.

(a) Punjab Pre‑emption Act (I of 1913)‑

S. 22(1).‑Zar‑i‑Panjum‑ Security‑Civil Judge requiring appellant to furnish security instead of directing him to deposit Zar‑i‑Panjum Appellant giving requisite security, held, could not be non‑suited for non‑compliance with direction of trial Court in terms of provision of subsection (1) of S. 22, Punjab Pre‑emption Act, 1913.

(b) Punjab Pre‑emption Act (I of 1913)‑

‑‑ S. 30 read with Limitation Act (IX of 1908), Art. 10‑Pre‑emption Limitation‑Sale of land made by registered sale‑deed and followed by mutation‑Period of limitation, held to be counted from date of registration of sale‑deed and not from date of sanction of mutation.

Ganga Ram and others v. Sardara and another 64 P L R 1916 distinguished.

Syed Faqir Hussain for Appellant.

Kh. Muhammad Farooq for Respondent No. 1.

Kh. Muhammad Tufall for Respondent No. 2.

Date of hearing : 4th June, 1980.

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