Law:

Section:

Punjab Pre-emption Act, 1913 (I of 1913)-- ----S. 15--Displaced Persons (Land Settlement) Act, (XXVIII of 1958), S. 4--Superior right of pre-emption--Two pre-emptors sought to pre-empt--Ground of being owners in estate--Question of--Whether plaintiffs were able to establish superior right of pre-emption--Rights of evacuee owners--Right as ta'iundar--Validity--Superior right of pre-emption vested in that person under Act, 1913 who was owner in estate and not mere cultivator--Land resumed by government due to non-payment of installments was showing that title was not vested--If appellants are to be deprived of their rights to property on basis of plaintiff being owner in estate, minimum requirement of law would be for plaintiffs to prove they were vested with full title. Colonization of Government Lands (Punjab) Act, 1912 (V of 1912)-- ----S. 15--Absolute owner of allotted land--Allottee made payment of price with schedule of payments--Contention was misplaced--Court can accept that as between allottee, who had paid full amount and provincial govt. may not be in position to deny right to title and proprietary interest vesting in allottee--General principle of law, cannot benefit plaintiff in instant case--Respondent could not claim to be owners in estate regardless of the fact that province may not be able to deny that right to acquire proprietary rights--Appellant could only be deprived of title in disputed land when clear and complete title was proved by them to have come to vest in them--Appellants who had been granted rights in immovable properties under evacuee or rehabilitation laws could sell their rights and that such sale would be pre-emptible under Punjab Pre-emption Act, 1913. Punjab Pre-emption Act, 1913 (I of 1913)-- ----S. 15--Superior right of pre-emption on basis of ownership in estate can only be claimed when such ownership is vested and complete--Where a person is ta'iunder only and not full owner arise after title had been transferred. THIS ORDER PASSED BY: Jawwad S. Khawaja, J.- We have heard learned counsel for the parties at length today. These two appeals arise out of pre-emption suits filed by the present respondents. The respondents…

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