Law:

Section:

(a) North-West Frontier Province Pre-emption Act (XIV of 1950)-------S. 5---Constitution of Pakistan (1973), Art 185(3)---Leave to appeal was granted to consider that agricultural land not suitable for construction of residential house could disentitle petitioner to claim exemption under S. 5(c) of the Act and moreso when he was held owner of land who had been divested of the said area on the basis of pre-emption suit filed by respondent. (b) North-West Frontier Province Pre-emption Act (XIV of 1950)--- ----S. 5(c)---Conditions to be established by vendee in order to be eligible for exemption. . According to the language of clause (c) of S. 5 of N.-W.F.P. Preemption Act, 1950 in order to be eligible for exemption, a vendee must establish the following conditions that:- (a) he is resident of the village in which the land in dispute is situated; (b) the area of the land purchased by him is not more than two Kanals; (c) it is required by him for construction of a house for his own occupation; and (d) he does not own a house or a vacant site in the same village, measuring more than one Kanal. (c) North-West Frontier Province Pre-emption Act (XIV of 1950)--- ----S. 5(c)---Disqualification for grant of exemption---Expression "vacant site" is not synonymous with "agricultural land"--Vacant site" means the land other than agricultural land, which may include a site in the village Abadi and waste land not utilized for any specific purpose lying vacant and capable of utilization for construction purpose---Only ownership of "vacant site" measuring more than one Kanal is a disqualification for grant of exemption. Upon the language of section 5(c) of the North-West Frontier Province; Pre-emption Act, 1950 only ownership of "vacant site" measuring more than 1 Kanal is a disqualification for grant of exemption. The expression "vacant site" is not synonymous with "agricultural land". The legislature itself has used two nomenclatures in section 5(c), namely, "agricultural land" and "vacant site". Legislature is to be presumed to have acted with precision and would apply the same words to describe the same thing. When in the same section two analogous words susceptible of…

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