NAZIR AHMAD Versus JAN MUHAMMAD

MUNIR A. SHEIKH, J. ‑‑‑ The only ground on which the suit of pre‑emption of the respondents in both the petitions was contested, was that the petitioner had purchased the land from an allottee of evacuee land from the Settlement Department who having not paid the settlement fee, therefore, was not vested with full ownership rights, as such, the sale made in favour of the petitioner was not pre‑emptible. It has been held in the case of Haji Sultan Muhammad and another v. Muhammad Siddiq PLD 1973 SC 347 that where the confirmed allottee of evacuee land sells the land, the same is pre‑emptible. The question of payment of settlement fee to the Federal Government by such an allottee was a matter between the allottee and the Federal Government and the vendee in such a case having purchased the land as such was not immune from pre‑emption suit.

2. No ground has been made out for interference with the well -reasoned impugned judgment passed by the Lahore High Court, therefore, these petitions are dismissed and leave refused.

Q.M.H./N‑74/S Petition dismissed.