SHER MUHAMMAD AND ANOTHER vs Rana BADAR MUNIR AND OTHERS
This petition for leave to appeal addresses the competency of a suit for pre-emption concerning land allotted to displaced persons from Azad Jammu and Kashmir. The trial court and the Additional District Judge initially held that civil courts lacked jurisdiction over such suits, citing the specific scheme for temporary allotment of rural evacuee agricultural land to Jammu and Kashmir displaced persons. However, the High Court reversed this decision, relying on the Supreme Court's precedent in Haji Sultan Muhammad v. Muhammad Siddiq, which it interpreted as allowing pre-emption in such cases. The petitioners challenged this, arguing that the High Court misapplied the precedent, as the Supreme Court had actually ruled that no right of pre-emption exists regarding sales by temporary allottees because they lack a saleable interest in the land. The Supreme Court found that the contention regarding the High Court's misapplication of binding precedent required further consideration. Consequently, the Court granted leave to appeal to examine whether the High Court correctly interpreted the legal position regarding the pre-emption of lands held by temporary allottees.
- Is a suit for pre-emption competent in respect of land allotted to displaced persons from Azad Jammu and Kashmir?
- Do temporary allottees of land under the Scheme for the Temporary Allotment of Rural Evacuee Agricultural land possess a saleable interest sufficient to support a claim of pre-emption?
- Registration of Claims (Displaced Persons) Act, 1956
ORDER
1. NASIM HASAN SHAH, J.-The question of law involved in this case is as to whether a suit for pre- emption is competent in respect of the land allotted to displaced persons from Azad Jammu and Kashmir ?
2. ' The learned trial Court, as also the learned Additional District Judge, found that the civil Court had no jurisdiction to try such suits because allotments to displaced persons from Azad Jammu and Kashmir were made under a Scheme known as "Scheme for the Temporary Allotment of Rural Evacuee Agricultural land to Jammu and Kashmir Displaced Persons with verified claims in Scheme V to the Registration of the Claims (Displaced Persons) Act, 1956". However, the High Court reversed this finding considering that the controversy stood settled by the pronouncement of this Court in Haji Sultan Muhammad and another v. Muhammad Siddiq (1), wherein, according to the learned Judge in the High Court, it was held that the right of pre-emption in such cases could be enforced by a civil Court. Hence this petition for leave to appeal. {{FOOT NOTE}}
(1) PLD 1973 SC 347 {{FOOT NOTE}} ' Ch. Mushtaq Ahmad Khan, learned counsel for the petitioners has submitted before us that the learned Judge in the High Court has not properly appreciated the judgment of this Court for in that judgment it was held on the other hand, that : - "There is no right of pre-emption in regard to sale by temporary allottees of their rights in the lands as they do not get any salable interest in those lands held by them temporarily."
3. ' The contention that the learned Judge in the High Court has not appreciated and applied the judgment of this Court to the facts and circumstances of the case in hand correctly, requires further consideration.
4. ' Leave is, accordingly, granted. Security in the sum of Rs, 1,000.
5. ' The interim order dated 29-1-1983 shall remain in operation during the pendency of the appeal.