HASHMAT ALI and others vs MUNSHI KHAN
This petition for special leave to appeal arises out of a pre-emption suit decreed by the trial court, which decisions were subsequently upheld by the District Judge in first appeal and by the High Court in second appeal. The petitioners argued before the Supreme Court that the disputed property fell within the municipal limits of Sarai Sidhoo, thereby acquiring the character of urban immovable property. Consequently, they contended that the respondent could not succeed unless it was established that the right of pre-emption existed in that locality at the commencement of the Punjab Pre-emption Act 1913. The Supreme Court found the contention worthy of examination, granted leave to appeal, directed security for costs in the sum of Rs. 5,000, and permitted the appeal to be made ready for hearing on the existing record with liberty to file additional documents if necessary.
- Does property falling within the municipal limits of an area acquire the character of urban immovable property for the purposes of pre-emption?
- Must it be shown that the right of pre-emption existed in the locality at the commencement of the Punjab Pre-emption Act 1913 for a pre-emption suit regarding urban immovable property to succeed?
- Punjab Pre-emption Act 1913
ORDER
' SAAD SAOOD JAN, J.--This is a petition for special leave to appeal arising out of a pre-emption suit which was decreed by trial Court. The petitioners' first appeal before the District Judge and the second appeal before the High Court remained unsuccessful.
2. In support of this petition it is urged that the property in dispute fell within the limits of municipal area of Sarai Sidhoo and as such had acquired the character of urban immovable property; in the circumstances, unless it was shown that the right of pre- emption existed in the locality where the land in dispute was located at the time of commencement of Punjab Pre-emption Act 1913, the respondent could not succeed.
3. The contention raised on behalf of the petitioners needs examination. Leave to appeal is granted.
Security for costs in the sum of Rs, 5,000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if necessary.