RAFIUDDIN and another vs Mst. SALEEMA BIBI
This petition for leave to appeal challenges the interpretation of the right of pre-emption regarding agricultural land and village immovable property as provided under the Punjab Pre-emption Act. The petitioners contended that the lower courts failed to correctly construe the provisions of Section 15 of the Act, which delineates the classes of persons entitled to the right of pre-emption. Upon hearing the arguments presented by the petitioners' counsel, the Supreme Court found merit in the submission regarding the potential misconstruction of the statutory provisions. Consequently, the Court granted leave to appeal to examine whether the lower courts erred in their application of the law. The Court further ordered that the interim stay order previously granted on 4-2-1977 shall remain operative during the pendency of the appeal, and directed that the appeal be prepared on the existing record with liberty for the parties to submit additional documents.
- Does Section 15 of the Punjab Pre-emption Act 1913 correctly vest the right of pre-emption in the petitioners based on the sale of agricultural land and village immovable property?
- Did the lower courts err in their construction of the statutory provisions governing the right of pre-emption?
- Section 15, Punjab Pre-emption Act 1913
ORDER
1. NASIM HASAN SHAH, J.-- The learned counsel for the petitioners, in support of this petition, relied upon the provisions of section 15 of the Punjab Pre-emption Act which details the persons, in A whom right of pre-emption vests in respect of sale of the agricultural land and village immovable property and submits that this provision has not been rightly construed by the Courts below.
2. ' After hearing the learned counsel for the petitioners we consider that there is some force in this submission. We would, accordingly, grant leave to appeal.
3. ' Security for costs Rs,1,000.
4. ' The appeal shall be made ready on the present record with liberty to the parties to add further documents, if any.
5. ' The interim stay granted on 4-2-1977 shall remain operative in the meanwhile.