Law: Punjab Pre-emption Act, 1913

Section: 15(c)

Pre-emption Act (I of 1913), S. 15 (c) secondly-Word " Patti " does not by itself establish a " sub-division "-Must be distinct and separate entity of village-Whether Patti is sub­division depends on history of village, homogeneity of area or descent. ' The mere word " Patti ", whether in the record or otherwise, does not by itself establish a " sub-division " of the village, to which reference is made in the Punjab Pre-emption Act. A Patti may or may not be a " sub-division " and it shall be determined, on the history of the village, the homogeneity of area or of descent. The Legislature has nowhere laid down, that the word " Patti " should immediately be taken to mean a separate " sub­division ". It appears to have been used by way of illustration. Where a village is proved to have been divided into distinct and separate entities, be they known as tarafs, pannas or Pattis, 'each of the entities, shall be called a "sub-division" within the meaning of clause (c) of section 15 of Punjab Pre-emption Act of 1913. A village is not defined anywhere in the Land Revenue Act, but, according to Mr. Thomason, it means " a parcel or parcels of land having a separate name in the Revenue records and known limits'. Usually a village may be synonymous with an estate, but it is not necessarily so ; for it may have some of its outlying fields mixed up with the lands of another estate. Further, several 66 estates may be included in a single village. Patti Daultani, viewed in the light of the principles enunciated above, is not a distinct "sub-division ". The earliest history record­ed in the settlement of 1856 does not make it out, as a compact area which could be differentiated from others, which came in later years to be known as different pattis. They owed their origin not to any compactness of area or unity of descent but to causes other than historical. In all probability, they were brought into being, for purposes of collection of revenue. 169 P. R. 1889 69 P. R. 1893 ; 45 P. R. 1897 ; 3 P. R. 1903 ; 142 P. L. R. 1905 ; 128 P. L. R. 1914 ; 21 P. R. 1915 ; 40 P. R. 1919; 67 1. C. 48 ; A. I. R. ' 1937 Lah. 703 ; A. I. R. 1947 Lah. 322 ; A. I. R. 1948 Lah. 199 ; A. I. R. 1919…

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