Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)----- S. 15-- Constitution of Pakistan (19743), Art. 185(3)--Leave to appeal was granted to consider whether land purchased as Sikni before the sale of land pre-empted, which was recorded in the Jamabandi as Ghairmumkin Abadi in the column relating to the "area and category" of the land and in respect of which land revenue of Rs.2.25 was payable could be classified as agricultural land so as to confer an equal right of pre-emption on the vendee as being the owner of the estate so as to defeat his right to pre-empt the sale of the disputed land. (b) Punjab Pre-emption Act (I of 1913)-- --- S. 15--"Owner of estate" -- Test--Owner of estate means one who owns revenue paying land and not the land which loses its cultural character and is converted into a building site. Muhammad Akhtar Chishti v. Ijaz Ahmed 1982 C L C 1700; Mst. Sardar Begum v. Muhammad Ilyas 1983 C L C 1570; Shah Muhammad v. Mt. Pairi AIR 1936 Lah.202; Chint Ram v. Harbhagat Singh AIR 1940 Lah.344.Rahim Bakhsh v. Wahid Bakhsh P L D 1970 Lah.544 and Salehon Muhammad v. Shera and others 1977 SCMR 297 ref . Mehrab Shah v. Shah Zaman 1985 SCMR 497; Shah Muhammad v. Khan Poor P L D 1986 SC 91 and Muhammad Akhtar Chishti v. Ijaz Ahmad and others 1982 C L C 1700 distinguished. JUDGMENT MUHAMMAD HALEEM, C.J,--Leave to appeal was granted to consider whether land purchased as sine before the sale of land pre-empted, which is recorded in the Jamabandi as Ghairmumkin Abadi in the column relating to the 'area and category' of the land and in respect of which land revenue of Rs.2.25 was payable could be classified as agricultural land so as to confer an equal right of pre-emption on the vendee as being the owner of the estate so as to defeat his right to pre-empt the sale of the disputed land. The facts are that Mst. Ghulam Sarwar and others sold land measuring 60 Kanals and 8 Marlas vide registered sale-deed dated 14th of June, 1979 to Abdul Ghafoor and others for a sale consideration of Rs.1,70,000. However, before this sale the appellants vide sale mutation No.52 which was attested on 28th of July, 1970, purchased sikni land in the same estate which was recorded in the…

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