BAJ DIN AND Another vs DIN MUHAMMAD AND 2 Other — 1972 PLD 567

Citation: 1972 PLD 567

Court: Lahore High Court

Year: 1971

Decision Date: 1971-11-17

Parties: BAJ DIN AND Another vs DIN MUHAMMAD AND 2 Other

Headnotes

Case cited as PLD 1972 Lahore 567

Judgment Text

Court Name: Lahore High Court Judge(s): Aftab Hussain Title: BAJ DIN AND Another vs DIN MUHAMMAD AND 2 Other Case No.: Civil Revision No. 291 of 1967 Date of Judgment:1971-11-17 Reported As: PLD 1972 Lahore 567 Result: Petition dismissed JUDGMENT JUDGMENT The land in dispute was sold on 30th of October 1964. The suit for pre-emption was filed on the 22nd of November 1965. The vendee raised, inter alia, a preliminary objection that the disputed land was evacuee property. The objection appears to have been taken with a view to challenge the jurisdiction of the framed:- "Whether the land in dispute is evacuee property, if so, what is its effect?" The learned trial Court held that, no doubt, the land was evacuee property when it was allotted to the vendor, but in the jamabandis (Exhs. D. 1 and D. 2) pertaining to the period 1961-62 and 1962-63 the vendor had been shown as full owner of the suit property which meant that on the date of sale- he had become full owner. This finding of the learned trial Court has been challenged by this Revision petition. The learned counsel for the petitioner urged the following points:- (1) That admittedly the property once was evacuee property and as held in Muhammad Hassan v. Mumtaz Hussain (PLD 1965 Lah. 35) and Sugaran v. Rehmat Ali (PLD 1965 Lah. 580) notwithstanding the fact that the land has been acquired by the Government under section 4 of the Displaced Persons (Land Settlement) Act, 1958, it continues for the purpose of the above Act…

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