Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-----S. 16--Constitution of Pakistan (1973). Art. 185(3)--Leave to appeal was granted to consider question whether the disputed property was within the urban area so as to be non-pre-emptible. (b) Civil Procedure Code (V of 1908)-- ---0. XLI, R.31 & 5.115--If evidence on record has not been fully weighed and considered, that does not fulfil the requirements of O.XLI, R.31, C.P.C. and is liable to be set aside on revision. Mathra Dass and others v. Muharram Din and others AIR 1915 Lah. 242 ref. (c) Civil Procedure Code (V of 1908)-- ---S. 115--Revision--If the lower Court, misreads the evidence on record and fails to take notice of a vital fact appearing therein, comes to an erroneous conclusion, it would be deemed to have acted with material irregularity and its decision is open to revision by the High Court. Dwarika v. Bagawati AIR 1939 Rang. 413 and Fut Chong v. Maung Po Cho AIR 1929 Rang. 145 ref. (d) Punjab Pre-emption Act (I of 1913)-- ---SS. 3(3) & 16--Urban immovable property--Factors in favour of holding a property as urban immovable property enumerated. (e) Punjab Pre-emption Act (I of 1913)-- ---Ss. 3(3) & 16--Urban immovable property--Fact that subsequently the area was excluded again for the purposes of elections would not change the character of the property once the locality in which the property situates was considered and declared by the Court itself as part of Town Committee--Character of such property does not depend on Government declaration. (f) Punjab Pre-emption Act (I of 1913)-- ---S. 16--Urban immovable property--Determination of character of the property--Factors--Held, it was not necessary or the only factor in determining the character of the property as urban property that there must be factories or buildings occupied by Government employees in the locality. (g) Punjab Pre-emption Act (1 of 1913)-- ---Ss. 3(3) & 16--Urban immovable property--Determination of character of property--Court is required to have an overall picture and then to assess whether locality retained its rural area or had been absorbed in the town. Diwan Chand v. Nizam Din and others 78 IC 991 ref. JUDGMENT…

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