2001 SCMR 138 (PLP)
Mst. SURRAYA BEGUM and 3 others — Petitioners Versus ASSISTANT COMMISSIONER and others — Respondents
| Citation | 2001 SCMR 138 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munir A. Sheikh and Iftikhar Muhammad Chaudhry, JJ |
| Parties | Mst. SURRAYA BEGUM and 3 others — Petitioners Versus ASSISTANT COMMISSIONER and others — Respondents |
| Primary Law | Punjab Pre-emption Act (I of 1913) |
Q1: What are the key laws and sections cited in 2001 SCMR 138 (PLP)?
This judgment primarily cites: Punjab Pre-emption Act (I of 1913) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 SCMR 138 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munir A. Sheikh and Iftikhar Muhammad Chaudhry, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 SCMR 138 (PLP) (Mst. SURRAYA BEGUM and 3 others — Petitioners Versus ASSISTANT COMMISSIONER and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.A. Zafar, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate- on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 27th July, 2000.
Headnotes / Summary
(On appeal from the judgment, dated 15-9-1999 of the Lahore High Court, Lahore passed in Writ Petitions Nos.4302 to 4305 of 1983).
S.21
Land Reforms Regulation, 1972 (M.L.R. 115), para.25-- Constitution of Pakistan (1973), Art. 185(3)
Pre-emption suit-- Concurrent findings of fact by the Courts below
Pre-emptors claimed their right of pre-emption on the basis of tenancy
Suit land was agricultural land and the vendee claimed the same to be exempted from pre-emption on the ground that it was purchased for construction of residential house
Revenue Courts decreed the suit in favour of .the pre-emptors and Constitutional petition by the vendee in the High Court was also dismissed
Contention by vendee was repelled on the ground that if such was the intention, the same could be expressed by the law-makers by making a provision to that effect in para. 25 of the Land Reforms Regulation, 1972, which dealt with the right of pre-emption of tenant of agricultural land-- Judgments of the High Court and the Courts below did not suffer from any illegality or jurisdictional defect
Leave to appeal was refused.
Judgment & Decree
MUNIR A. SHEIKH, J.
By this judgment, we propose to decide Civil Petitions Nos.1994-L to 1997-L of 1999, as questions of law and facts are common in all of them.
2. Land measuring 1 Kanal in each case was purchased by the petitioners in these petitions through separate sale-deeds which was admittedly agricultural land. In the sale-deeds, it was recited that it had been purchased for construction of houses by each petitioner. The respondents who were admittedly the tenants of the said land filed suits before the Revenue Court to pre-empt the said sales in each case under paragraph 25 of the M.L.R. 115 having first right of pre-emption to the exclusion of the others. The suits were decreed by the Revenue Court through order, dated 12-4-1982 which has been upheld up to the Board of Revenue and the Constitutional petitions filed by the petitioners have also failed, which were dismissed through the impugned judgment, dated 15-9-1999 by the High Court, against which leave to appeal has been sought.
3. Learned counsel for the petitioners frankly admitted that no doubt the land when sold was agricultural land and the respondents were tenants qua the said land but argued that the suits were not maintainable, for it has been provided in paragraph 24 of M.L.R. 115 that where a piece of land of 1 Kanal was purchased or sold for the purposes of construction of house, the tenants in possession thereof could be evicted by a shorter procedure by issuing them notice for vacating the premises instead of following the complete procedure of their eviction as provided in the said paragraph ,from the agricultural land, therefore, the intention of law was that sale of such a land which was purchased by the vendee for the purposes of construction of house bona fidely was not subject to right of pre-emption.
4. We are afraid, the argument is plainly unsound, for if this was the intention, it could be expressed by the lawmakers by making a provision to that effect in paragraph 25 of M. L. R. 115 which deals with the right of pre emption of tenant of agricultural land.
5. No other point was argued.
6. For the foregoing reasons, the impugned judgment, dated 15-9-1999 of the High Court and Court below do not suffer from any illegality or jurisdictional defect, therefore, these petitions have no merits which are accordingly dismissed and leave to appeal refused. Q.M.H./M.A.K./S-67/S Petitions dismissed.