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Petition for Special Leave to Appeal No. 163 of 1968, decided on 25th June 1968.
(On. appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated 15th February 1967, in R. S. A. No. 371/67).
S. 15 (c)‑Pre‑emption‑ Ownership in estate where land or property situated‑Furnishes a right of pre‑emption.
Saeedur Rahman Khan, Advocate Supreme Court instructed by Raja Abdul Razaque, Attorney for Petitioners.
Nemo for Respondent.
Date of hearing : 25th June 1968.
‑This petition arises out of a pre emption decree which has been affirmed by all the Courts below in favour of the respondent and against the petitioner. The sale in question which has been successfully pre‑empted by the respondent related to Muqarridari rights in agricultural land measuring 24 Kanals and 16 Marlas in village Pero Shah, Tahsil Fateh Jang. The sale was pre‑empted by the respondent on the basis of his right as a co‑sharer in the suit‑land and alternatively as an owner of the Khewat and in the village. The suit was resisted on the ground; firstly, that the property was evacuee in nature; and secondly, that the plaintiff respondent did not have a superior right of pre‑emption. It has been found that the land in dispute was permanently settled on the vendors who thus became its owners with a complete right to sell giving rise to pre emption rights. On the second question the Courts have held that although the respondent is not an owner in the Muqarridari rights which have been sold but being an owner of village Pero Shah where the land is situate, he had a superior right of pre‑emption as against the vendees who did not have any such right. Ownership in the estate where the land or property under pre‑emption is situated furnishes a right for pre‑emption as stated in clause thirdly of subsection (c) of section 15 of the Punjab Pre‑emption Act.
We do not see any valid ground for interference. The petition is dismissed.
Leave refused.
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