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Civil Petition for Special Leave to Appeal No. 258 of 1967, decided on 9th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 15th May 1967, in Second Appeal from Order No. 294/65).
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--‑Questions: whether allottee: displaced persons had full proprietary right over land given to him under Displaced Persons (Land Settlement) Act, 1958, and whether sale of land by such person subject to right of pre‑emption‑Special Leave to Appeal granted by Supreme Court to consider questions‑Displaced Persons (Land Settlement) Act (XLVII of 1958).
Tazagul v. Said Ghulam P L D 1967 Pesh. 157 ref.
S. Aftab Hussain, Senior Advocate Supreme Court (S. M. Zamir Zaidi, Advocate Supreme Court with him) instructed by Masud Akhtar, Attorney for Petitioners.
Nemo for Respondents.
Date of hearing : 9th October 1967.
This petition for Special Leave to Appeal is from a judgment passed in a second appeal.
The main questions for determination in the second appeal were:‑
(1) whether an allottee displaced person had full proprietary right over the land given to him under the Displaced Persons (Land Settlement) Act (XLVI1) of 1958, and
(2) whether sale of the said lard by such person was subject to the right of pre‑emption.
In view of the decision of the Full Bench of the High Court in Tazagul v. Said Ghularn (P L D 1967 Pesh. 157), which was binding on the learned Single Judge he upheld the decision of the first Appellate Court that such sale was pre‑emptible.
The question raised in this case involve interpretation of the amended sections 15 and 16 of the Displaced Persons (Land Settlement) Act, 1958, and of the scope and effect of Notification No. S. R. O. 126(R); 64 dated 24‑12‑64. It was contended, inter alia‑
(i) that these questions were not fully considered by the Full Bench, and
(ii) that on the date when the sale in question took place, i.e., on 22‑10‑62 the land had not vested in the vendor and as such the said sale was not pre‑emptible.
As the points raised are of general public importance, we grant leave to appeal as prayed.
Security‑Rs. 1000.
Status quo to be maintained till disposal of the appeal.
Leave granted.
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