Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--S. 8(2)---Notification No.196-B, dated 28-2-1944---Notification No.662­73/448-1-R-I1I, dated 19-2-1973---Subsequent Notification rescinding earlier Notification of 28-2-1944 which was, however, described wrongly viz. No."196-R" instead of "196-B"---Effect---All the particulars of Notification given in the rescission Notification were correct except that alongwith the figure "196", instead of word "B" word "R" had been printed, which mistake appeared to be due to misprint---Intention of subsequent Notification was to rescind Notification No. "196-B" dated 28-2-1944 for no Notification bearing No."196-R" was ever issued on 28-2-1944---To effectuate the intention of the maker of the Notification, dated 19-2-1973, and to save it from being reduced to nullity, Court could correct the number of Notification to read "196-B" instead of "196-R".---[Notification]. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 39---Punjab Pre-emption Act (! of 1913), S.6---Adjudication of character of land---Relevant documents---Land in question, was described as "ghair mumkin abadi" and not assessed to land revenue in record of rights for the relevant period---Note of Patwari in mutation of gift stated that land in question was located within the limits of Municipal Committee and gift had been made for residential purposes---High Court relying upon such documents for adjudication of character of land had rightly maintained that land in question, was not possessed of the status of agricultural land and, therefore, by virtue of its ownership did not qualify to be part of the agricultural estate in question. (c) Punjab Pre-emption Act (I of 1913)--- ----S.6---West Pakistan Land Revenue Act (XVII of 1967), S.4(14)---Civil Procedure Code (V of 1908), O.VIII, R.1---Qanun-e-Shahadat (10 of 1984), Art. 31---Description of property in question, in plaint as "Arazi" whether constituted admission---Mere fact that in plaint, property in question was described as "arazi" by itself would not constitute admission that it was agricultural land in character and assessed to land revenue. Muhammad Zahoor and another v. Lai Muhammad and 2 others 1968…

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