Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 3, 10 & 19---Punjab Pre-emption Act (I of 1913), 3(2)---State Government of Bahawalpur Notification No.74, dated 12-6-1944---Grant of land in the area of former Bahawalpur State, by the Government under the statement of conditions defined by S.10, Colonization of Government Lands (Punjab) Act, 1912 which provided that the grantee was to remain as Government tenant till the final payment of stipulated instalments arid till then the Government was to remain as owner---Grantee, in the present case, had only paid a few instalments when he proposed to sell the said land--­Necessary permission under S.19, Colonization of Government Lands (Punjab) Act, 1912, however, was obtained by the grantee ---Pre-emption suit with regard to such sale was decreed by the Trial Court but in .second appeal the pre-emptors were non-suited---Validity---Held, so long as the property in colony area was owned by the Government and not by a private party, any transaction made under S.19, Colonization of Government Lands (Punjab) Act, 1912 would not be pre-emptible---Owing to non-withdrawal by the Government of Punjab of the Notification No.74 dated 12-6-1944 issued by the Government of Bahawalpur, the land in colony area falling within the ambit of Colonization of Government Lands (Punjab) Act, 1912 remained non-pre-emptibe---Principles. Transfer of tenancy rights under Colonization of Government Lands (Punjab) Act, 1912 cannot be equated with a sale of agricultural land for the purposes of pre-emption and that such tenancy rights cannot .be treated as village immovable property within meaning of section 3(2) of Pre-emption Act, 1913. Colonization of Government Lands (Punjab) Act, 1912 is a special law dealing with special kind of lands and hence various definitions of land, occupancy tenancy and tenant supplied therein are strictly to be followed as provided in the Act itself irrespective of the fact as to what definitions of the aforesaid terms are contained in the Punjab Tenancy Act, 1887 etc. Under section 3 of Colonization of Government Lands (Punjab) Act, 1912, a tenant is a person holding land in a colony as a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492