Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-- S. 4-Pre-emption, right of--Evacuee promrty permanently trans­ferred and confirmed in favour of allottee-Pre-emptible.-[Pre-emp­tion]. Sher Muhammad v. Azmat Ali P L D 1968 Lah. 1171 and Fazal Elahi v. Muhammad Munawar P L D 1973 S C 347 ref. (b) Transfer of Evacuee Land (Katchi Abadi Act XIII of 1972)- ---Ss. 2(.f ) & 5-Land in dispute not covered under definition of Khati Abadi due to not having been declared as such by Chief Settlement Commissioner-,--Right of pre-emption not barred in respect of such land-Punjab Pre-eruption Act (1 of 19'3), S. 4. JUDGMENT QASIR KHAN. J. By a registered sale deed dated the 6th of November 1962 Nur Ahmad and five others (appellants herein) purchased 65 kanals and 4 marlas of land situated in Mauza Kotli Jodh Singh, Tehsil and District Gujranwala, from one Karar Hussain (respondent No. 3) for Rs. 16.300, Abdul Latif pre-empted the sale. He died during the pendency of the sultan Muhammad Yusuf and Mst Piyari (respondents Nos. 1 and 2 respectively) were impleaded as his legal representatives. Tire defendants vendees contested the suit arid the following two preliminary issues were framed:----- (1) Whether the suit was within time. (2) Whether the sale was not pre-emptible. The first issue was dropped as it was not pressed by the vendees because the suit was apparently within time. So far as the second issue is concerned the land was evacuee property and the vendees were confirmed allottees he learned Senior Civil Judge therefore by his order dated the 20th of November 1965 held that under the circumstances the land was not exempt from pre-emption. The vendees went up in revision to the High Court and the learned Judge in the High Court relying on the authority reported in Sher Muhammad v. Azmat Ali (P L D 1968 Lah. 1171) upheld the finding of the learned Senior Civil Judge and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492