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JAHANZEB KHAN NIAZI AND 4 OTHERS versus NOOR KHAN


Section 8 (2) Punjab Government Notification No. 2280S dated 18 7 1918 The boundaries of Mianwali Township Mianwali Town and Mianwali Town Right have been fixed, under notification number 2280 s dated 18. 19 was issued under the Punjab Pre-Empathy Act, 1913 on 1918 but in the present case, the evidence was not brought on record to show the boundaries of Mianwali Town at the time of notification notification and as far as the boundaries of Mianwali municipality were concerned. Not the right facts. The Committee and Mianwali Town found that the question of suit land vacancy could not be properly determined and the present record did not satisfactorily show whether the boundaries of Mianwali Town and Municipal Committee were the same and Does it have the right to be premature? In relation to the land located in Mianwali Town W, the area of land for sale was or not at the time of sale. As per section 8 (2), notification under the Punjab Pre-Emission Act, 1913 is certainly not enforceable, but the matter relating to the realm of the boundaries and property of Mianwali Town, which is purely fact related. The question, was not properly, the Supreme Court so appreciated, the court re-sent the case to the trial court for a correct determination of the law and the factual question regarding the suit land vacancy.

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