Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--- ----Ss. 4, 6 & 7---Pre-emptibility of property---Property in dispute though had come within municipal limits, but nothing was on record to suggest that it had assumed character of urban immovable property---In order to render that property immune to pre-emption, either notification under S. 7 of Act, 1913 should have been issued or such evidence should have been produced that principal avocations of large body of persons who inhabit same were bound together by common interest in agriculture and place also possessed other distinctive village features like existence of large area of agricultural land, ordinary village Abadi or ordinary village officers and record-of-rights. (b) Punjab Pre-emption Act (I of 1913)--- ----S. 3 (3)---Urban immovable property---Even extension of modern facilities of place, like electricity, buildings, roads, establishment of educational institutions, dispensary, hospital, a post office, a financial institution in nature of a bank and a bazar to cater for day to day needs of residents of locality would not be enough to shed its basic pastoral character so as to invest it with legal status of a town. Abdullah and 2 others v. Sher Khan 1989 CLC 1732; Muhammad Abadullah and others v. Noor Muhammad and others 1990 CLC 726; Muhammad Akhtar Chishti v. Ijaz Ahmed and 5 others 1982 CLC 1700 and Hafiz Hassan Muhammad and 2 others v. Abdul Hamid and others PLD 1982 SC 159 ref. (c) Punjab Pre-emption Act (I of 1913)--- ----S. 3 (1) (a) (3)---Nature of land---Nothing was on record to prove that land in question had lost its pastoral character---Mere fact that land was bounded by two factories on two sides, would not convert it into urban immovable property, particularly when on back side there was agricultural land and Khasra Girdawari and Jamabandi was demonstrating same to be under cultivation at time of sale. JUDGMENT The dispute in this case relates to land measuring 4 Kanals 16 Marlas in Mauza Khayali Shahpur, Tehsil and District Gujranwala. It was owned by 1. Muhammad Sharif and Abdul Ghani. It was purchased by the respondent vide sale-deed dated 6-9-1965 for Rs. 2,000. The appellant filed a suit…

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