Law:

Section:

Punjab Pre-emption Act (I of 1913)--- -- S. 15 (c), thirdly-Words and phrases-Owner of house - Pre­emption, right of-Words "owner of the estate"-Not synonymous with words "owner in the estate"-Object of pre-emption law being to exclude non-proprietors from entering proprietary body of estate, holding owners of houses in village abadi to be owners of estate for purposes of pre-emption, held, would defeat object of Pre-emption Act-Owners of houses only in village, held further, could not therefore belong to proprietary body and could not be owners of estate:--[Words and phrases]. Narain Singh and others v. Gopal Singh 106 P R 1913 approved. Lachhman Singh v. Natha Singh and others I L R 11 Lah. 128 ; Jawala Singh v. Tara Singh and another A I R 1920 Lah. 94 ; Shah,1lolutmmad v. Mst. Piari and another A I R 1936 Lah. 202 ; Chant Rant v. Har Baghat Singh and others A I R 1940 Lah. 344 ; Ghunan Din v. Ghunan Din raid others A I R 1933 Lab. 213 and Thompson's Definitions cited with approval. JUDGMENT QAISAR KHAN, J. This order will dispose of two civil appeals bearing Nos. 34 and 35 of 1972. The facts leading to the filing of these appeals are as follows :---- . So far as Civil Appeal No. 34 is concerned, by a registered deed dated the 12th of September 1966 one Abdur Rahman sold 120/197th Share i.e. to say 6 kanals of land out of 9 kanals 17 marlas bearing Khasra No. 2978 situated in village Kuthiala Sher Khan of the Phalia Tehsil of the Multan District to Salehon Muhammad, Muhammad Ashraf and Muhammad Hussain sons of Fazal Din for Rs. 12,000. Shera, Shahna, Khan Muhammad. Mutalli, Sardara, Ghulam Ali and Sohni pre-empted this sale claiming superior right on the basis of ownership of land in the village and giving the sale consideration as Rs. 2,000. The vendees contested the suit and on the pleas of the parties the following issues were framed :---- (1) Whether the suit had been properly valued for court-fee and jurisdiction ? (2) If issue No. 1 is proved in the negative then what was the correct valuation (3) Whether plaintiffs had superior right? (4) If issue No. 3 is proved in the affirmative, whether plaintiffs had waived their rights? (5) Whether the vendees…

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