Law: Punjab Pre-emption Act (I of 1913)

Section: 8(2)

Law: Constitution of Pakistan 1973

Section: 185(3)

Law: Colonization of Government Lands (Punjab) Act (V of 1912)

Section: 4

Punjab Pre-emption Act (I of 1913)--S. 8(2)---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether the land in dispute was subject to pre-emption or was exempted under the notification of the Government relevant on the subject and also to see whether there was any conflict between the two s of Supreme Court in Mst. Rehmat Bibi v. Nathe Khan and others PLD 1969 SC 197 and Sher Muhammad and others v. Abdul Khaliq and others 1968 SCMR 320 and which of these decisions was applicable to the facts and circumstances of the case. (b) Punjab Pre-emption Act (I of 1913)------S. 8(2)--`-Exemption from application of the Act---Colonization of Government Lands (Punjab) Act (V of 1912), S.4---Land in dispute was privately owned to which Colonization of Government Lands (Punjab) Act, 1912 did not apply---Exemption notification under S.8(2), Punjab Pre-emption Act, 191.3, thus had no application to the case and it was covered by the law declared in Sher Muhammad and others v. Abdul Khaliq Khan and others 1968 SCMR 320. Abdul Khaliq v. Sher Muhammad PLD 1961 BJ 79; Mst. Rehmat Bibi v. Nathe Khan and others PLD 1969 SC 197; Sher Muhammad and others v. Abdul Khaliq and others 1968 SCMR 320 and Civil Appeals Nos.246 of 1979 and 52 of 1985 ref. JUDGMENT ABDUL SHAKURUL SALAM, J.---This order will deal with Civil Appeals Nos.310 and 311 of 1981, by leave, as these arise in similar circumstances. 2. Relevant facts for the disposal of these appeals are that one Duni Chand was owner of land in Chak No.9/Fd. Tehsil Chistian in the Jamabandis for the year 1924-25 till 1946-47. After his evacuation land was allotted to displaced persons from whom the appellants purchased through two mutations sanctioned on 2-12-1966. Muhammad Tufail and Ahmad Ali respondents filed pre-emption suits which were decreed by the learned trial Court on 31-5-1981. The appellants filed appeals before the District Judge and raised an objection that the land was exempt from pre-emption because the same fell within the colony area and that the Colonization of Government Lands Act was applicable to the land. Their application under Order VI Rule 17 was…