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PLD 1985 Rev. 142(2) [Punjab]

MUHAMMAD JAMEEL vs MUHAMMAD SHA RIF

CitationPLD 1985 Rev. 142(2) [Punjab]
CourtBoard of Revenue
Case No.R. 0. R. No, 108 of 1983,
Date1984-06-11
Judge(s)Maqbool Ahmad Sheikh
ResultRevision dismissed

ORDER

' The pre-emption suit filed by petitioner Muhammad Jameel under M. L. R. 115 on the basis of superior rights of tenancy was decreed in his favour by the A.C./Collector Sadar Sub-Division.

Gujranwala. The respondent Muhammad Sharif resisted the suit on ground that the lands situated within Cantonment area are exempt from the operation of the Pre-emption Act. The trial Court, however, did not accept the contention and held that the suit lands used for agricultural purpose are not exempt from the Pre-emption Act. The judgment/decree and the finding of the A.C./Collector were reversed in appeal by the Additional Commissioner, Gujranwala, vide orders, dated 16-11-1982, now impugned through this revision.

2. I have heard the learned counsel for the parties. It is conceded by the learned counsel for the petitioner that the Cantonments area are excluded from the operation of the Pre-emption Act by the Punjab Government under section 8 of the Punjab Pre-emption Act. It is, however, contended that notification issued under section 8 of the Pre-emption Act A cannot affect the pre-emption rights vested by M. L. R.

115. I cannot agree with this view-point. M. L. R. 115 has merely the effect of creating additional rights of pre-emption for the tenants. It does not in any way supersede the provisions of Pre-emption Act.

I would, therefore, uphold the findings of the Additional Commissioner and reject this revision. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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