Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973)  Art. 185 (3)--Leave to appeal-High Court carefully considering all objections pertaining to contention as to documents having been misread and rightly repelling contention-Questions agitated being disputed questions of fact and no question of legal or public importance being raised, case, held, not fit for interference,--[Ques tion of fact] Date of hearing : 12th March, 1980.                                                                                                                                                                       ORDER NASIM HASAN SHAH, J.----This petition is directed against the; order of a learned Single Judge of the Lahore High Court dated 23rd April, 1974 passed in Writ Petition No. 3978 of 1978 dismissing the, aforesaid writ petition. The case of the petitioner was that he was In cultivating possession of the land measuring 44 kanals situated in village Mai Roshan Dagar, Tebsil Bhakkar, District Mianwali. This land was alienated by one Gul Sher In favour of respondent No.1. The petitioner claiming to be the tenant of the land in question files a suit for re-emption basing his superior right under M.L.R. 115. He also submitted an application to the effect that no change in the Khasra Girdawari qua the cultivation column be made during the pendency of the suit. Subsequently, on ac. count of the amendment in section 25 of Martial Law Regulation No. 115 the case was transferred to the Collector. Respondent No. 1 filed application before him for the correction of the Khasra Girdawari and for deletion of the petitioner's name and inclusion of his name therein. The Field Kanungo, in connection with his application, reported on 6th. December, 1975 that the petitioner was in cultivating…