Law:

Section:

Punjab Preemption Act (I of 1913), S. 15 (c)-Mere mention of parties in revenue record-Does not by itself prove village to be divided into sub-divisions. Gul Muhammad v. Saddar Din P L D 1951 Lah. 437 and Rampartap v. Kishan Singh A I R 1937 Lah. 32 ref. ORDER WAHEEDUDDIN AHMAD, J.----The dispute between the parties is in respect of land measuring 103 kanals, 8 marlas situated in village Rasulpur, Chak No. 5, Tehsil Chunian, District Lahore, bearing Khata No. 77. It was sold by Khair Din respondent No. 3 to Hidayat and Jiwanan respondents Nos. I and 2, by registered sale deed dated the 17th August 1954, for Rs. 17,000. The petitioner filed a suit for pre-emption claiming superior right on the basis of co-sharership in the khata and ownership in the Patti Kambohan in which the land was situated. The suit was decreed by the trial Court on the 17th March 1960, on the ground that the petitioner had superior right of pre-emption as he was owner in the same path, namely, Patti Kambohan in which the land in suit was situated. This judgment was challenged in appeal before the Additional District Judge, Lahore, who, by judgment dated the 17th October 1960, accepted the same and reversed the trial Court's judgment and dismissed the suit holding that (i) Patti Kambohan was not a separate division for pre-emption, and (ii) that the land was exempted from pre-emption by virtue of notification issued under section 8 (ii) of the Punjab pre-emption Act. The matter was then taken in Regular Second Appeal No. 40 of 1961 to the High Court which was dismissed by a learned Single Judge of the High Court on the 10th January 1972. Prayer for granting a certificate under Clause 10 of the Letters Patent, was refused by order dated the 25th January 1972. The petitioner seeks permission to file an appeal against the said order. Raja Said Akbar Khan, learned counsel for the petitioner, has contended that Taraf Clerkabad originally known as Ktranian­wala and later on Rasulpur, was a separate Revenue Estate consisting of two tribal groups, (i) Patti Kambohan, and (ii) Patti Jattan, earmarked for Kambohan Tribe and Jat Tribe respectively. The two tribal groups were based…

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