Law: Punjab Pre-emption Act, 1913

Section: 21,4,3,(1),15

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10

(a) Punjab Pre-emption Act (I of 1913)--   ---S.21--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to pre-emptor to examine whether he had a superior right of pre-emption being a co-sharer of the Khata of the occupancy rights which was the subject-matter of sale.   (b) Punjab Pre-emption Act (I of 1913)-   ---Ss.4 3, cl. (1) 15--Displaced Persons (Land Settlement) Act (XLVII of 1958), S.10--Occupancy rights being covered by the definition of land, sale thereof will be pre-emptible--Rights settled in evacuee land under Settlement Law are transferable and the transfer thereof can invite a pre-emption claim in appropriate case.   Section 4 of the Punjab Pre-emption Act, 1913 recog6izes the right of Pre-emption in agricultural land or village immovable property or urban immovable property. .agricultural land has been defined under section 3, Clause (1) of the Punjab Pre-emption Act to mean land as defined in the Punjab Alienation of Land Act, 1900 but it does not include the rights of a mortgagee, whether usufructuary or not, in such land. In the Punjab Alienation of Land Act, Clause (3) of section 2 defines land as land which is not occupied as the site of any building in a town or village and is occupied or let for agricultural purposes or for purposes subservient to agriculture or for pasture and includes--   (a) the sites of buildings and other structures on such land;   (b) a share in the profits of an estate or holding:   (c) any dues or any fixed percentage of the land revenue payable by an inferior land owner to a superior land owner; . (d) a right to receive rent;   (e) any right to water enjoyed by the owner or occupier of land as such;   (f) any right of occupancy; and   (g) all trees standing on such land.   Occupancy rights being covered by the definition of land under the Pre-emption Law, the sale thereof will be pre-emptible.   The rights settled in evacuee land under the Displaced Persons (Land Settlement) Act are transferable and the transfer thereof can invite a pre-emption claim in appropriate cases.   Being a case of allotment and permanent settlement of…

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