Case Details

Citation(s)
1979 SLG 96 1979 SLD 96 1979 PLD 23
Lahore High Court
Civil Revision No. 685 of 1975, decided on 14th January 1976.
SAAD SAOOD, JAN, J
Islam All Qureshi for Petitioners. Sardar Attaullah for
Respondent.

ALLAH RAKHI AND anothers

VS

MALIK KHAN--Respondent

Law:

Section:

Land Reforms Regulation, 1972 [M. L. R. 115] - Paras. 7 & 12 Pre emption Word "Kharif" Respondent, a tenant¬at will, not showing to have had preferential ,right of pre emption on date of impugned sale Right of pre emption coming into existence from Kharif 1972, "Kharif" meaning season falling between summer and winter, and sale taking place in middle of summer, respondent, held, not possessed of superior right of pre emption at time of sale, hence, not entitled to pre empt. [Pre emption Words and phrases]. Ferozul Loghaat Farsi and Udru Loghaat compiled by Urdu Markazi Board ref. JUDGMENT This civil revision arises out of a suit brought by the respondent to pre empt a sale of about 3 marlas of agricultural land made by petitioner No. 1 in favour of her daughter who is petitioner No. 2. The sale was effected through a registered sale deed dated 27 6 72. The respondent based his superior right on the assertion that he was a tenant at will in the land effected by the sale. The trial Court dismissed the suit on 26 6 74. The respondent preferred an appeal which was accepted by the District Judge, Jhelum on 11 2 75. 2. The only question for consideration in this civil revision is whether the right of pre emption was available to the respondent. It is not disputed before me that the respondent was a tenant at will in the land in dispute. In order to succeed in the suit it was necessary for the respondent to show that his preferential right existed at the time…
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