Law:

Section:

Pakistan (Administration of Evacuee Property) Act (XII of 1957)--- S. 16 and Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 6 & 4(6)-Agricultural evacuee land acquired by Govern­ment under S. 4(6) of Act XLVII of 1958-Suit for pre-emption in respect of such land-Bar contained in S. 16 of Act XII of 1957 or S. 6 of Act XLVII of 1958 not applicable. Sultan Muhammad v. Muhammad Siddiq P L D 1973 S C 347 ref. JUDGMENT ANWARUL HAQ, J.-Leave to appeal was granted in this case to examine the question whether the sale of evacuee agricultural land by an allottee under the Rehabilitation Settlement Scheme was pre-emptible under 4, the provisions of the Punjab Pre-emption Act. The relevant facts are that the land in suit was allotted to the vendor Koora under the Rehabilitation Settlement Scheme, and he sold the same to the respondent Taj for a sum of Rs.13,500, under a mutation of sale attested on the 14th of September 1964. The vendor's son Fazal Mohammad, who is the appellant before us, filed a suit for possession of the land by pre-emption which was contested by the vendee inter-alia on the ground that the suit was incompetent as the land sold '-was evacuee property. The learned trial Judge dismissed the suit on 21-2-1966 on the ground that as the sale had taken place before the conferment of permanent rights on the vendor under section 16 of the Displaced Persons (Land Settlement) Act, 1958, the property continued to be evacuee property and no suit could be brought in respect thereto in view of the bar contained in section 16 of the Pakistan (Administration of Evacuee Property) Act, 1957. This view was upheld by the learned .Additional District Judge, Gujrat, in first appeal by his judgment dated the 19th of April 1966, and in second appeal by a Division Bench of the High Court of West Pakistan at Lahore by its judgment dated the 23rd of October 1967. The whole question of the maintainability of pre-emption suits in respect of sales by the vendors of their rights and interests in evacuee lands held by them as temporary allottees, confirmed allottees or permanent transferees has been discussed at length and decided by this Court in a consolidated…

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