Law:

Section:

Punjab Pre-emption Act (I of 1913)--S.8---Constitution of Pakistan (1973), Art.185(3)---Exclusion of areas from the pre-emption ---Leave to appeal was granted by Supreme Court to consider the questions as to whether right of pre-emption was at all available with regard to the suit land as the same vested in a Development Authority and proprietary rights thereof had not been conferred as yet upon the private parties; whether the right to pre-emption was available against colony land under Punjab Pre-emption Act, 1913 as the same stood exempted from pre­emption under S.8 of the said Act; whether Civil Judge III Class was possessed of the pecuniary jurisdiction in the matter and if the answer to this question was in the negative then whether the entire superstructure thereon was not liable to be struck down; whether the High Court had not lost sight of the fact that case had not been tried by a Court of competent jurisdiction, both at the trial and appellate 4tage, that the and decree, passed by the Civil Judge III Class having been reversed, whether suit was not liable to be processed under the Punjab Pre-emption Act, 1913; whether the plaintiff was not required to prove right of pre-emption by entering the witness-box as witness and whether Supreme Court in Government of N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360 was not attracted to the case. N.-W.F.P. v. Malik Said Kamal Shah PLD 1986 SC 360 ref. Ch.-Muhammad Abdus Salim, Senior Advocate Supreme Court with Muhammad Aslam Ch., Advocate-on-Record for Petitioners.' Mian Atta-ur-Rehman, Advocate-on-Record for Respondent. Date of hearing; 23rd November, 1999, ORDER CH. MUHAMMAD ARIF, J.---Leave to appeal is sought against judgment, dated 22-2-1999 passed by a learned Judge in Chambers of the Lahore High Court, Multan Bench, Multan dismissing the present petitioners' Civil Revision No. 3 D of 1999 with the result that the judgment, and decree, dated 26-11-1998 passed by the learned District Judge, Layyah observing (1) that (Old) Punjab Pre-emption Act, (No. 1 of) 1913 was to hold the field, (2) that the pre-emption suit of the respondent Mst. Nasima Faiz was in order and (3) that her suit is not hit by the…

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