Law:

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Punjab Pre-emption Act (I of 1913)-------Ss. 3(3) & 15---Pre-emption suit---"Urban immovable property"---Determination---Principles---Evidence on record showed that suit-land, in the present case, was Ghair Mumkin Tibba; a metalled road existed on the said land; land was in close vicinity of a city; an over-head water tank stood constructed in the suit-land; a Sugar Mill existed in the close vicinity of the said land; land in the village was being used for residential purposes by a fairly large number of people; land in question measuring 18 Kanals was being shared by at least 11 vendees meaning thereby that each vendee had a little over one Kanal of land for himself; such small pieces of land could not have been purchased by the vendees for agricultural purposes nor could the same be used as such; vendees had constructed "Jughees" and "Kothas" on the suit-land where they had taken up residence and were living there and village in which the suit-land was located had not been subjected to consolidation proceedings---Question which required determination was whether the suit-land could qualify as "Urban immovable property" and was thus immune from pre­emption---Held, `Urban immovable property' did not mean only that immovable property which fell within the limits of a town and it was open to the Court of law to declare any property to be Urban immovable property even if the same fell outside the limits of a town provided there were facts and circumstances warranting such a finding---Entire evidence in the present case, showed that suit-land had all the characteristics, of urban property and facts and circumstances on record gave a definite indication of the fact that the suit-land was nothing else but an Urban immovable property---Suit for pre-emption was dismissed with costs. Mian Allah Nawaz, Advocate Supreme Court with Muhammad Islam, Advocate-on-Record for Petitioners. Faiz-ur-Rehman, Advocate-on-Record for Respondents. Date of hearing: 21st March, 2006. JUDGMENT KHALIL-UR-REHMAN RAMDAY, J.---The predecessor-in-­interest of the respondents, namely, Ghulam Qadir Khan filed a suit to pre-empt the sale of 18 Kanals and 10 Marlas of land situated in village…

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