Law:

Section:

Punjab Pre-emption Act (1 of 1913)-------Ss. 4 & 15---Constitution of Pakistan (1973), Art.185(3)---Sale, pre-emptibility of---Leave to appeal---High Court on basis of of Supreme Court reported as P L D 1973 SC 347 found that sale in dispute was pre-emptible--­Petitioner requiring reconsideration of that failed to advance any good reason as to why view expressed by Supreme Court in a considered should be reconsidered---Petition for leave to appeal was dismissed. Sultan Muhammad v. Muhammad Siddique PI D 1973 SC 347 ref. ORDER NASIM HASAN SHAH, J.--Salamatullah, who was an allottee of the land in dispute, sold his rights therein to the petitioner herein, vide registered deed dated 5-3-1962. Ranjha Khan, respondent No.1 herein, filed a suit for pre­ emption against the petitioner claiming superior right of pre-emption on the ground of being a co-sharer in the Khata. The suit was dismissed by the learned Administrative Civil Judge vide his judgment dated 16-6-19( i4, on the ground that the nature of the right and interest conferred under the enactment upon the transferee of the land was not such as to entitle him to ownership and, therefore, the sale was not pre-emptible. An appeal was taken to the District Court against the above judgment, but was dismissed by the learned Additional District Judge, Muzaffargarh, on 4th September, 1964. A second appeal was accordingly filed in the Lahore High Court, and Mr. Justice Sardar Muhammad Iqbal, Chief Justice (as he then was) observed that the sale was made on 5th March, and the property had by that date ceased to be an evacuee property, having been acquired under section 4 of the Displaced Persons (Land Settlement) Act, 1958, and that…

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