Law:

Section:

Punjab Pre-emption (Removal of Doubts) Ordinance (XI of 1972)-- Read with Constitution of Pakistan (1962), Art. 79(3), Provisional `Constitution Order (P. O. 1 of 1969), Art. 4(1), Constitution of Pakistan (1972), Art. 281 and Punjab Board of Revenue Notification No. 6416-71/3316-L.1. III, dated 23-11-1971-Legislation, life of­ Contention that Ordinance XI of 1972 having not been approved by Assembly within six weeks same no longer remained a valid piece of legislation and could not therefore be invoked for interpreting provisions of notification dated 23-11-1971-Held: Contention without force, overlooks provisions of Art. 4(1) of Provisional Constitution Order, 1969 and Art. 281 of Constitution of Pakistan (1972) validating all laws made during relevant period-Ordinance XI of 1972 still in force and Civil Judge rightly rejected petitioner's application pleading suits for pre-empting sale of agricultural land in Jhelum District having been barred by notification. ORDER ASLAM RIAZ HUSSAIN, J.- -This order will dispose of C. P. No. 147/76, 166/76 and 195/76. All the - three Petitions have been filed by Muhammad Sarfraz Khan and involve the same question of law. 2. The facts giving rise to these petitions, briefly, are that the petitioner purchased some agricultural land in Village, Wara Thal, Tehsil Pind Dadan Khan, District Jhelum, from Mst. Noor Johan Begum, in 1967. The plaintiffs-respondents, in each of the three cases, filed a suit to pre-empt the sale of the land in question. During the pendency of the suit a Notifi­cation No. 6416-71/3316-L. I. 111, dated 23-11-1971, was issued by the Punjab Board of Revenue, in exercise of powers under section 8(2) of the Punjab Pre-emption Act, 1922, which was published in the Punjab Gazette of 7th January, 1972. It reads as follows :- "In exercise of the powers conferred by subsection (2) of section 8 of the Punjab Pre-emption Act, 1913, the Board of Revenue, Punjab, is pleased to declare that for a period of three years commencing from the date of issue of this notification, no right of pre-emption shall exist with respect to :- (a) Agricultural land not exceeding fifty acres in a canal irrigated area, or one hundred…

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