Law: West Pakistan Land Revenue Act, 1967

Section: 54

  West Pakistan Land Revenue Act (XVII of 1967)--- -=--S. 54---Record of rights---Entries made in the columns of the Register of Records of Rights---Preference---Entries in Col. No.4, which pertain to cultivation, have to be given preference over the entries in Col. No. 8, relating to "Lagan". Mehrab Shah v. Shah Zaman and others 1985 SCMR 497 fol. Punjab Pre-emption Act (I of 1913)--- ----S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition-- Superior right of pre-emption regarding agriculture land---Review of entries in Revenue Record, alongwith oral evidence had established that status of respondent was that of a tenant who had the first and superior right to pre-empt the sale to the extent of the land under his tenancy---Findings of the Member, Board of Revenue and the Collector did not suffer from any misreading or non -reading of evidence or from any error of law---Constitutional petition filed by the petitioner was dismissed in circumstances. Faqir Muhammad and another v. Muhammad Rafiq and others '1986 CLC 1028 and Muhammad Bakhsh v. Sardar Hussain and others 1986 SCMR 300 ref. Punjab Pre-emption Act (I of 1913)--- ----S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition--Pre-emption suit was filed by the petitioner to pre-empt sale of agricultural land---One of the respondents who was a tenant also filed a suit for pre-emption before the Collector on the basis of his tenancy to that extent---Tenant had signed the agreement of sale as a marginal witness---Effect---Sale was effected through a registered sale-deed, and the tenant was not a witness to the same-- Question of estoppel and waiver---Applicability---Where it was not proved that the vendor had offered the land for sale to the tenant on a definite price and the tenant had refused to purchase the same, the case for estoppel and waiver was not made out---Definite price, intention of sale, the offer to purchase, the definite refusal to purchase had to exist---Concurrent findings on the issue of estoppel and waiver recorded by two forums against the petitioner, held, could not be challenged in the Constitutional jurisdiction. Faqir…