Law:

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Land Reforms Regulation, 1971 [M. L. R. 115]-- Paras. 3 & 24(4) read with Punjab Pre-emption Act (I of 1913), S. 15-Pre-emption, right of-Contention that para. 3 of Regulation having compulsive overriding effect, prohibition and conditions contained therein on sale, alienations etc. have to be considered to be equally applicable to pre-emptors as well and it would not be sufficient for a successful pre-emptor to satisfy conditions of eligibility and preference as contained in Punjab Pre-emption Act, 190- Held: Para. 24 of Regulation more a restriction on vendor than on vendee­ Pre-emption decree-Does not fall within category of alienation by sale, mortgage, gift or otherwise but an adjudication by Court and enforcement of a right under an altogether different law, notice whereof taken in Regulation by making a supplemental provision with regard to right of pre-emption of tenants-Sale in favour of first vendee having been completed, being in accordance with law, and contravening no provisions of Regulation amounted to a valid sale and pre-emptor only substituted vendee in a sale which but for such sub­stitution remained in tact. JUDGMENT SHAFT-UR-REHMAN, J.--Leave was granted to the defendant-vendee in a pre-emption matter to examine whether the conditions of elegibility imposed by sub-para. 4 of para. 24 of Martial Law Regulation No. 115 (hereinafter referred to as Regulation) had also to be satisfied by a pre-emptor in order to successfully pre-empt the sale. Suleman the vendor, who was the grand-father of the plaintiff, was owner of 57 kanals of land in Chak No. 447-G. B., Tehsil Sumandari, district Lyallpur. By a mutation attested on 24-4-73 he sold 17 kanals and 6 marlas out of his holding for a sum of Rs. 18,000, in favour of the appellant. The plaintiff sought to pre-empt the sale as a grandson of the vendor. The suit was contested by the petitioner and the following issues were framed :- (1) Whether the defendant has no locus stands to file this suit? (2) Whether the suit is time-barred? (3) Whether the plaintiff has a superior right of pre-emption? (4) Relief. As regards the objection of locus stands, the vendee pleaded that if the sale was allowed…

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