Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Pre-emption--Question whether a suit for pre-emption was competent in respect of land allotted to displaced persons from Azad Jammu and Kashmir--Leave to appeal granted when petitioner contended that High Court while deciding question had not appreciated and applied of Supreme Court in Haji Sultan Muhammad and another v. Muhammad Siddique P L D 1973 S C 347 to facts and circumstances of case in hand correctly. --[Pre-emption]. Haji Sultan Muhammad and another v. Muhammad Siddiq P L D 1973 S C 347 ref. ORDER NASIM HASAN SHAH, J.--The question of law involved in this case is as to whether a suit for pre-emption is competent in respect of the land allotted to displaced persons from Azad Jammu and Kashmir. The learned trial Court, as also the learned Additional District Judge, found that the civil Court had no jurisdiction to try such suits because allotments to Displaced Persons from Azad Jammu and Kashmir were made under a Scheme known as "Scheme for the Temporary Allotment of Rural Evacuee Agricultural land to Jammu and Kashmir Displaced Persons with verified claims in Schedule V to the Registration of the Claims (Displaced Persons) Act, 1956". However, the High Count reversed this finding considering that the controversy stood settled by the pronouncement of…

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