Law:

Section:

Punjab Pre-emption Act (I of 1913)-------S. 8(2)---Colonization of Government Lands (Punjab) Act (V of 1912), S. 3---Government Tenants (Punjab) Act (III of 1893), S. 3---Government of Punjab, Notification No.196-B, dated 28-2-1944---State of Bahawalpur, Notification No.74, dated 12-6-1944---Government land declared as 'colony land' exempted from pre-emption---Scope---Notifications No.196-B dated 28-2-1944 and No.74 dated 12-6-1944 were issued under S.8(2) of the Punjab Pre-emption Act, 1913, and exempted the right of pre-emption with regard to lands included in a colony area to which the colonization of Government Lands (Punjab) Act, 1912 applied---Lands, which were subject matter of the present pre-emption suits, were initially owned by the Government in the 'colony area' but at the time of their sale they were privately owned---Question was as to whether sale of lands in question was exempt from pre-emption in view of the said Notifications---Contention of the pre-emptors (plaintiffs) was that lands in question ceased to be Government lands and had gone into private ownership, therefore, their sale would no longer remain exempt from pre-emption---Contention of the vendees (defendants) was that once the lands in question had been subjected to the Colonization of Government Lands (Punjab) Act 1912, change in ownership would not affect the exemption granted to the vendees under the Notifications in question---Validity---Land once declared as a 'colony land' and subjected to the Colonization of Government Lands (Punjab) Act, 1912, would remain subject to the said Act and thus exempt from pre-emption under the Notifications in question, notwithstanding that the property (land) had ultimately become privately owned--- Suits of pre-emptors were dismissed, accordingly. Sher Muhammad v. Abdul Khaliq 1968 SCMR 320 and Noor Muhammad v. Muhammad Tufail 1991 SCMR 512 distinguished. Mst. Khurshid Begum v. Ahmad Bakhsh and another PLD 1985 SC 405 and Mst. Rahmat Bibi v. Nathe Khan PLD 1969 SC 197 fol. Muhammad Yaqoob v. Barkat Ali Civil Appeal No.53 of 1985; Abdul Khaliq v. Sher Muhammad PLD 1961 BJ 79; Nathe Khan v. Mst. Rahmat Bibi PLD 1961 (W.P.) BJ 96 and Bashir Ahmed…

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