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Civil Petition No. 397 of 1982, decided on 14th December, 1982.
(From the order dated 16.3‑1982 of the Lahore High Court passed in Regular Second Appeal No. 926 of 1979).
‑‑ S. 30‑Pre‑emotion‑Vendee not in possession of suit land at time of sale‑Limitation, held, started from date of attestation of mutation.‑ [Limitation].
‑‑ S. 15‑Constitution of Pakistan (1973), Art. 185 (3)‑Court‑fee‑ Question of court‑fee not pressed before High Court‑Held, cannot be allowed to raise such question before Supreme Court.
Izhar‑ul‑Haque, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner.
Jari Ullah Khan, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate‑on‑Record for Respondent.
Date of hearing ‑ 14th December; 1982.
In this case which is under the Punjab Pre‑emp tion Act, that mutation of sale had been attested on 28‑11‑1973 and the suit had been filed on 25‑11‑1975. Learned counsel contends that the suit was time‑barred inasmuch as the actual sale had taken place on 24‑11‑1975. The High Court has held that since the land was in actual possession of tenants, which fact was not disputed by the parties, the vendees could not be said to have taken physical possession of the same on the date of the sale and as such the limitation started running from the date of the attestation of the mutation. This finding is in accord with the law and calls for no interference.
2. Learned counsel also challenges the correctness of the valuation of the suit for the purpose of court‑fee, but there is nothing in the judgment of the High Court to show that this point had been pressed there. The learned Judge has recorded that the petitioner's counsel had disputed the findings on the question of waiver and limitation and he accordingly confine his discussion to those two points only. The point, therefore, is not permitted to be raised before this Court.
3. The petition fails and is accordingly dismissed.
Leave refused.
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