Law:

Section:

Punjab Preemption Act (I of 1913) -S.21Colonization of Government Lands (Punjab) Act (V of 1912), S.4 Preemption right; exercise ofColony landSuit land was situated in area to which the Colonization of Government Lands (Punjab) Act, 1912, was applicable and Notification dated 2821944 had exempted the sale from preemption Preemption suit against such land was decreed by Trial Court but Lower Appellate Court dismissed the same on the ground that the land was not preemptibleJudgment of Lower Appellate Court was upheld by High CourtValidityVendor had acquired proprietary rights in the land in dispute in the year 193031Leave to appeal was granted by Supreme Court to consider the impact of Notification dated 2821944 which was repealed in year, 1973 but the same was applicable at the time when the suit was filed by the preemptor. Sher Muhammad and others v. Abdul Khaliq and others 1968 SCMR 320; Noor Muhammad through his Legal Heirs v. Muhammad Tufail and others 1991 SCMR 512; Babu and others v. Jalal Din and another PLD 1992 SC 102; Abdullah v. Muhammad Hayat 1994 SCMR 90 and Mst. Rehmat Bibi, and others v. Nathe Khan and others PLD 1969 SC 197 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J. -Petitioner seeks leave to appeal against the judgment dated 10th January, 2001 by Lahore High Court, Lahore whereby R.S.A. No. 118 of 1984 has been dismissed. Precisely stating facts of the case are that Mst. Ghulam Fatima predecessorininterest of the -Petitioners on September 1, 1973 filed a suit for preemption in respect of property measuring 334 Kanals sold by vendor Mst. Noor Jehan Bibi alias Noor Jehan Begum widow of Muhammad Fazalur Rehman Khan to -Respondents for sale consideration of Rs1,70,000 vide Mutation No.211 attested on 1391972. The suit was contested by the -Respondents chiefly on the ground that the land in dispute is situated in Colony area, therefore, the sale was not preemptible. Learned trial Court settled issues arising out of pleadings of the parties including the one "whether the suitland is not preemptible?" OPD. After recording of evidence the suit filed by predecessorininterest of the -Petitioner was decreed holding that the sale is preemptible. The…

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