Law: Punjab Pre-emption Act, 1913

Section: 30,6

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Punjab Pre-emption Act (I of 1913)--- ----S. 30---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether findings on question of limitation and character of land were contrary to documentary and other evidence on record. (b) Punjab Pre-emption Act (I of 1913)--S. 30---Limitation -for filing suit for pre-emption ---Starting point of limitation whether from the date of attestation of mutation or from taking possession under the sale---Land in question was part of joint Khata and vendees (defendants) were in possession of same, before the sale took place, as tenants---Words "under the sale" occurring in S.30, Punjab Pre-emption Act would indicate that possession of vendee must have been obtained in pursuance of sale made in his favour and if prior to the date of sale, he, was in possession of any part of land sold that possession could not be deemed to be "under the sale"---Limitation would thus, run from the date of attestation of mutation and not from any earlier date. Gullan v. Muhammad Ramzan and others PLD 1962 (W.P.) BJ 33; Gyan Singh v. Gyan Singh and another AIR 1923 Lah. 654; Misri Khan v. Shahji and another AIR 1924 Lah. 394 and Dhanna v. Lakh Ram and others AIR 1924 Lah. 695 rel. (c) Punjab Pre-emption Act (I of 1913)--- ----S. 6---Right of pre-emption in respect of agricultural land---Character of land---Determination of---Land in question was described in Revenue Record as agricultural land, had been transferred through mutation and was assessed to land revenue ---Vendees had not claimed that land in question was not agricultural, before its sale, or at the time of sale---Land being under self-cultivation, it had not acquired the character of urban land---Mere fact that Local Government had included a party of estate within municipal limits of near-by town would not necessarily mean that property in question had become a part of the town for purposes of pre-emption. Hafiz Hasan Muhammad and 2 others v. Abdul Hameed and 2 others PLD 1982 SC 159 rel. (d) Punjab Pre-emption Act (I of 1913)--- ----S. 6---Suit for pre-emption ---Mode for determining character of property--­Test----Essential factors for…

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