Law:

Section:

West Pakistan Border Areas Regulation Scheme, 1959 [M.L.R 9]----Para. 4--Punjab Pre-emption Act (I of 1913), Ss.7, 8 & 9--Land in dispute situate in the border areas directly controlled by Army General Headquarters--­Sale transactions of such lands by allottees are pre-emptible--Only those sales which fall under the purview of Ss.7, 8 & 9 of the Punjab Pre-emption Act are exempted from the right of pre-emption--No implied or express embargo exists on the exercise of right of pre-emption on the sale transaction of those lands which are directly controlled by the Army--Pre-emptor, a retired army officer being an owner of land in Khata had rightly exercised his right of pre-emption which the Courts below had thoroughly adjudicated upon and decided in his favour--Appeal dismissed in circumstances. JUDGMENT USMAN ALI SHAH, J.-This appeal, by leave of the Court, is directed against the judgment of the Lahore High Court, Lahore, dated 2-10-1978 and arises in the following circumstances:- Lt.Col.Siddique Ullah was allotted some land measuring 410 kanals 12 marlas situated in the revenue estate of Chakrali, Tehsil Ferozewala, District Sheikhupura, under the West Pakistan Border Area Scheme (Martial Law Regulation No.9) of 1959, vide mutation No.2499 attested on 27-8-1962. On his death the land in dispute was devolved on his legal heirs, Begum Ghaur Siddique etc. vide mutation No. 2501 attested on 25-12-1963. The legal heirs of Lt. Col. Siddique Ullah after obtaining the requisite approval from the concerned agencies, sold the land in dispute to Malik Fazal Muhammad and Col. Mohammad Afzal appellants herein. Col. Abdul Ghafoor respondent herein brought a suit for possession through pre-emption of the suit land alleging that he has got the superior right of pre-emption on the basis of being an owner in the estate and that the suit land was actually purchased by the defendants/appellants for a consideration of Rs. 22,000 and Rs.30,000 entered in the sale deed is fictitious and with the intention to defeat the right of pre-emption of the plaintiff/respondent. The suit was contested by the defendants/appellants. On the pleadings of the parties, the learned Senior…

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