| Citation(s) |
|---|
| 1982 SLG 883 1982 SLD 883 1982 PLD 725 |
Lahore High Court
Regular Second Appeal 249 of 1973, decided on 1st March, 1982. DATE of hearing : 13th February 1982
MUNAWWAR ELAHEE RANA,, J
Kh. Muhammad Tufail for Appellant. Shahid Hussain Kadri for
Respondent No. 1, Ex parte against L. Rs. of
Respondent No. 2 for
Respondents
Regular Second Appeal 249 of 1973, decided on 1st March, 1982. DATE of hearing : 13th February 1982
MUNAWWAR ELAHEE RANA,, J
Kh. Muhammad Tufail for Appellant. Shahid Hussain Kadri for
Respondent No. 1, Ex parte against L. Rs. of
Respondent No. 2 for
Respondents
FAZAL DIN --Appellant
VS
SADIQ KHAN AND others--Respondents
Law:
Section:
Punjab pre-emption Act JI of 1913) - S. 4 read with Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 6 and Martial Law Regulations 89-91 of 1961-Evacuee Land-Pre-emptibility of-Vendor owner of evacuee land (some as transferee against claim and other as purchaser of surrendered land) selling entire land to vendee-Trial Court decreeing suit for pre-emption to extent of repurchased (after surrender) land only but District Judge finding entire land pre-emptible--Held, District Judge justified in concluding that no provision of Martial Law Regulations 89-91. excluded right of pre-emption or institution of suit in civil Court. Sultan Muhammad v. Muhammad Siddiq P L D 1973 S C 347 ; Syed Abdul Rashid v. Pakistan P L D 1962 S C 42 ref. JUDGMENT This second appeal is directed against the judgment and decree dated 11-6-1973 whereby the learned Additional District Judge, Kasur set aside the partial decree of the trial Court and decreed in toto the respondent's suit for pre-emption on payment of Rs. 19,000. 2. 81 kanals 1 marla of agricultural land which; was the subject matter of the instant sale was comprised of two categories, one measuring 55 knals 1 marla transferred to Abdul Aziz, deceased vendor against his claim, and the other measuring 26 kanals allotted to him, surrendered and re-purchased under the provisions of Martial Law Regulation 89-91 of 1961. The sale had taken place through a 'registered sate deed (Exh. D. 1), dated 22-1-1964 in favour of Fazal Din appellant and pre-empted by Sadiq Khan respondent by the instant suit filed on 2t-1-1965 on the ground of his being an owner of the estate. 3. The suit was resisted and after framing additional issues and recording necessary evidence, the trial Court decreed the suit to the extent of 26 kanals of land on payment of proportionate sale-price on the ground that the sale of land having not formed part of the compensation pool was pre-emptible, whereas the one transferred under the Displaced Persons (Land Settlement) Act (XLVII of 1958) had not yet gone out of the compensation pool and was thus not subject to pre-emption. In appeal the learned Additional District Judge took the view differently and found…
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