Law: Land Reforms Act, 1977

Section: 6

Law: Land Reforms Regulation, 1972

Section: 25(3)(d)

(a) Land Reforms Regulation, 1972 (M.L.R. 115)---Para. 25(5) [as added by Land Reforms (Amendment) Act (XLVIII of 1977), S.6]--Claim of preferential right of pre-emption solely on basis of alleged ownership in village and consequently transfer of suit for possession of land by pre-emption from civil Court to Court of Collector--Held, ultra vires by para. 25(5)--Decree passed by Collector in favour of claimant was ab initio without jurisdiction and lawful authority.--[Pre-emption]. (b) Land Reforms Regulation, 1972 (M.L.R. 115)-- ---Para. 25(3)(d)--Land sought to be pre-empted by co-sharer--Decree in favour of such co-sharer at best could be passed only to the extent of land in their tenancy as envisaged in para. 25(3) (d)--Decree for possession of land which was not in occupation of such claimant but was in possession of the tenants was against law and decree as passed was unsustainable.--[Pre-emption]. (c) Land Reforms Regulation, 1972 (M.L.R. 115)-- --Para. 25(3) (d)--Collector, duty of--Collector to ascertain exact area which comprised tenancy and determine whether claimant could avail of benefit of S.25(3)(d), and if so, to decree suit to that extent--Suit, thereafter, had to be returned to civil Court for adjudicating right if any, which was not based on S.25(3)(d). JUDGMENT NASIM HASAN SHAH, J.-- The appellants purchased the agricultural land measuring 359 Kanals and 18 Marlas (equivalent nearly to 45 acres of land ) bearing Khasra Nos. 108, 127, 289, 290, 301, 302, 304, 309, 313, 318, 351, 298, 323, 329, 331, 336, 333, 310, 312,300, 292, 311, 330, 337, 340, 308, 316, 335, 315, 323, 324, 325, 326, 343, 344, 108, 291, 295, 296, 305, 327, 317, 319, 320, 322, 293, 294, 297 and 299, Khewat No.38/38, Khatuni Nos. 127 to 131 to 138 and 140 according to Register Haqdaran Zamin for the year 1970-71 situated in village Nehr Chandwala, Tehsil Chunian, District Kasur on 21-5-1974. At the time of the sale, the land was in the cultivating possession of about 15 tenants, although the aforesaid tenants had voluntarily relinquished immediate vacant possession of 5) acres of the land in favour of the appellants and had also allegedly surrendered the vacant possession of…

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