Whatsapp

" NEED FOR AMENDMENT OF PUNJAB PREEMPTION ACT, 1991 NEED FOR AMENDMENT OF PUNJAB PRE‑EMPTION ACT, 1991   By   Chaudhary Muhammad Bashir, Advocate, Faisalabad   The Punjab Pre‑emption Act, 1913 was in force in the Province of Punjab as a settled law.   Sections 15 and 30 of the said Act came under examination of the Shariat Appellate Bench of the Supreme Court of Pakistan in its Appellate jurisdiction under Article 203‑F of Chapter 3‑A, Part VII of the Constitution of 1973, as amended by Presidential Order No.3 of 1979, when hearing appeal against the judgment of Federal Shariat Court dated 13th December, 1980 and held section 15 to be repugnant to the Injunctions of Islam, in so far as it granted right of pre‑emption to heirs of the vendor, to the owners of the estate, to the owners of the Patti or other sub‑division of the estate in the limits of which such land or property was situate. It was only the co‑sharer, whose right of the pre‑emption was upheld to be in consonance with the Injunctions of Islam. Section 30, prescribing a period of one year as limitation for enforcing right of pre‑emption, was struck down as being repugnant to the Injunctions of Islam. While doing so, the Bench required the Government of Punjab to enact a consolidated law of pre‑emption, if possible, till 31st July, 1986, failing which the said offending provisions were to cease to have effect from the said date, as per force of Article 203(D)(3)(b) of the Constitution.   The Government of Punjab did not comply with the said direction of the Bench and a legal controversy ensued as to the workability of the said Act in the absence of the said struck down provisions. It too was set at rest by the…