Law:

Section:

Punjab Pre-emption Act (I of 1913)-------S. 15---Punjab Alienation of Land Act (XIII of 1900), S. 2(3)---Suit for pre­emption--- "Agricultural land"---Connotation---Mode for determining nature/status of land---Effect of construction of some factories, houses, shops etc. on agricultural land---Criteria for determining nature of land is that it should not be occupied as site of any building in a town or village and was occupied or let for agricultural purposes---Determining nature of land as to whether same was agricultural or not was factual controversy and it should be decided with evidence on record---Status of land and not the area in which same was situated would determine its status for purposes of suit under S. 15, Punjab Pre-emption Act, 1913---For determining status of land reference should be to land itself and not the surroundings---Plaintiff had proved land in question, to be agricultural and defendant having failed to controvert such evidence, including entries in Khasra Girdawari, which fully corroborated contents of sale-deed, such land proved to be agricultural in nature---Agricultural land so long it remained occupied for agricultural purposes retained its status as agricultural land for purposes of Punjab Pre-emption Act, 1913, irrespective of its location in Municipal limits---Construction of some factories, houses, shops etc. would not automatically convert agricultural land into urban immovable property--­Relevant factors for determining status of land would be; description of land in sale-deed: size of land subject-matter of sale; purpose for which it was required; and its location---Such, however, would be relevant factors and not determining factors---Colour of locality would be relevant factor only where land had been abandoned as agricultural land and question involved was whether the same had become village immovable property or urban immovable property---Concurrent findings of Courts below that land in question, was agricultural in nature was unexceptional and would warrant no interference in second appeal---Plaintiff's suit was decreed in circumstances. Ishwar Das v. Duni Chand and others 27 PR 1907; Diwan Chand v. Nizam Din and…

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