Law: Punjab Alienation of Land Act, 1900

Section: S. 3 (2) & S. 5

Punjab Alienation of Land Act (Ill of 1900), S. 3 (2) & S. 5 read with S. 9, PunjabPre-emption Act (I of 1913)-Sale sanctioned under S. 3 (2) not open to pre-emption because of bar of S. 9, Punjab Pre-emption Act, 1913-Section 9, Punjab Pre emption Act, 1913 repeals by implication relevant portion of S. 5, Punjab Alienation of Land Act, 1900-Pre-emption Act, 1913 being special Act excludes general provisions re pre-emption contained in Punjab Alienation of and Act, 1900.   Section 9 of the Punjab Pre-emption Act, 1913, repeals by implication so much of section 5 of the Punjab Alienation of Land Act, 1900, as conflicts with itself and consequently no right of pre-emption exists in respect of any sale sanctioned by the Deputy Commissioner under section 3 (2) of the latter Act.   The Punjab Pre-emption Act is a later enactment (of the year 1913) and is in the nature of a special Act which would exclude the general provisions on the subject of pre-emption contained in the Punjab Alienation of Land Act, 1900.   Punjab Alienation of Land Act (111 of 1900), S. 3 (2) read with S. 24, PunjabPre-emption Act (I of 1913)-Sanction to sale of agricultural land given under S. 3 (2) found to be invalid-Pre emption suit to be dismissed in accordance with provisions of S. 24, Punjab Pre-emption Act, 1913 as being in contravention of Punjab Alienation of Land Act, 1900.     JUDGMENT   ANWARUL HAQ, J.---The appellant, Maulvi Ata Ullah, brought a pre-emption suit In respect of the sale of 329 kanals of land and one-fourth of a well, measuring 10 marlas, situate in village Kumb in Tehsil Sadlqabad of the Rahimyarkhan District, effected by his nephews, Muhammad Fazil and Faizullah, in favour of Ghulam Muhammad, Ghulam Rasul and Talib Hussain, on the 10th of December 1955, for a consideration of Rs. 14,000. Maulvi Ata Ullah claimed superior right of pre-emption on the basis of relationship with the vendors and also because he was a khewatdar.   As the vendees belonged to the Sheikhupura District, it is conceded before us thatthey did not fall within the same agricultural tribe or group of agricultural tribes as the vendors in spite of the fact…