Law:

Section:

Punjab Pre emption Act (I of 1913)--- ----S. 15, thirdly read with Punjab Land Revenue Act (XVII of 1887), S. 3(1) Pre emption Nothing on record showing amalgamation of two villages having not been complete and two relevant estates being not treated separately from each other for purposes of Land Revenue Act, 1887 Patwari's statement showing two villages having been amalgamated after consolidation and having formed one village¬ Contention that such amalgamation did not necessarily constitute respondent as "an owner of the estate" comprising land in dispute and as such not entitled to pre empt, held; fallacious. [Pre emption]. ORDER MUHAMMAD AKRAM, J. The suit of the petitioners herein against the respondent for pre emption was decreed by the trial Court. The decree was affirmed on appeal of the respondent rejected by the Additional District Judge. But it was reversed on second appeal and thereby the suit of the petitioners was dismissed by a learned Judge of the Lahore High Court at Lahore on the 2nd of July 1978. This is a petition for special leave to appeal from the judgment and decree thus passed in the accond appeal by the High Court. It appears that on the 26th of August 1965, one Dalip Singh alias Din Muhammad sold the land in dispute measuring 90 kanals 19 marlas situated in village Mallo Mahe, Tehsil Daska, District Sialkot to Abdullah Khan respondent for Rs. 15,000 by a registered deed of sale. On this the petitioners plaintiffs brought their suit for possession of the land by pre emption, inter alia, on the ground that they were owners in the estate and Patti in which the land in dispute was situated and had therefore, a preferential right to acquire the same as compared to the defendant. On the 8th of February 1969, the learned Civil Judge First Class Daska decreed the suit of the plaintiffs petitioners. On issue No. 2 he was satisfied from the statement of Muhammad Yusuf Patwari (D. W. 3) that the plaintiffs were the owners of agricultural land in Mauza Sattokey. But, before him, the learned counsel for the defendant vendee contended that he too was also an owner of the agricultural land in village Sattokey like the plaintiffs who did not have any…

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