Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Punjab Pre-emption Act, 1913

Section: 15

(a) Punjab Pre-emption Act (I of 1913)--S.15---Constitution of Pakistan (1973), Art.185(3)---Pre-emptor claiming right of pre-emption on the ground of being a land owner in the estate, but same had been acquired by the Government for a residential scheme---Out of holdings of pre-emptor, five Marlas of land was, however, left with him and on that basis he claimed right of pre-emption ---Leave to appeal was granted to consider whether the fraction of land measuring five marlas adjacent to the housing scheme did not entitle pre-emptor to be an owner of estate so as to have right of pre-emption. Chint Ram v. Harbhagat Singh AIR 1940 Lah. 344 and Salehon Muhammad v. Shera 1977 SCMR 297 ref. (b) Punjab Pre-emption Act (I of 1913)--- ----S.15---Right of pre-emption, on basis of pre-emptor being owner of a fraction of land in estate, whether vested in him ---Pre-emptor was shown in record-of-rights as owner in the estate paying the land revenue and was thus, entitled to exercise his right of pre-emption over the land in question which was within the estate of which pre-emptor was the owner, though of a small fraction of same. Chint Ram v. Harbhagat Singh AIR 1940 Lah. 344 ref. JUDGMENT NASIM HASAN SHAH, J: --The facts, which form the background to this appeal, are succinctly stated in the order granting leave to appeal which is, accordingly, reproduced below: "Petitioners purchased land measuring 13 Kanals 10 Marlas situated in Chak No.46 of N.B. Tehsil and District Sargodha through a registered sale-deed dated 30-7-1978. The respondent's suit for pre-emption has been decreed throughout. The petitioners seek leave to appeal. The contention of the learned counsel for the petitioners is that the respondent claimed the right of pre-emption on the ground of being a land owner in the estate, .but his land had been acquired by the Government for a residential scheme. He, therefore, ceased to possess the right…

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