Law: Punjab Pre-emption Act, 1913

Section: 21

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Land Reforms Regulation, 1972

Section: 25

Punjab Pre-emption Act (I of 1913)---- ----S.21---Land Reforms Regulation, 1972 (M.L.R. 115), para.25--­Constitution of Pakistan (1973), Art. 185(3)---Pre-emption suit--­Concurrent findings of fact by the Courts below ---Pre-emptors claimed their right of pre-emption on the basis of tenancy---Suit land was agricultural land and the vendee claimed the same to be exempted from pre-emption on the ground that it was purchased for construction of residential house---Revenue Courts decreed the suit in favour of .the pre-emptors and Constitutional petition by the vendee in the High Court was also dismissed---Validity--- Contention by vendee was repelled on the ground that if such was the intention, the same could be expressed by the law-makers by making a provision to that effect in para. 25 of the Land Reforms Regulation, 1972, which dealt with the right of pre-emption of tenant of agricultural land--­Judgments of the High Court and the Courts below did not suffer from any illegality or jurisdictional defect---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J.---By this judgment, we propose to decide Civil Petitions Nos.1994-L to 1997-L of 1999, as questions of law and facts are common in all of them. 2. Land measuring 1 Kanal in each case was purchased by the petitioners in these petitions through separate sale-deeds which was admittedly agricultural land. In the sale-deeds, it was recited that it had been purchased for construction of houses by each petitioner. The respondents who were admittedly the tenants of the said land filed suits before the Revenue Court to pre-empt the said sales in each case under paragraph 25 of the M.L.R. 115 having first right of pre-emption to the exclusion of the others. The suits were decreed by the Revenue Court through order, dated 12-4-1982 which has been upheld up to the Board of Revenue and the Constitutional petitions filed…

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