Law:

Section:

Land Reforms Regulation, 1972 [M. L. R. 115]--Para. 25 read with Notification dated 9th March, 1977 (providing for restoration of tenancies of tenants unauthorisedly ejected)-­Tenants, right of-Jurisdiction-Tenant's right to pre-empt sale of land falling within his tenancy recognised by Regulation and tenant given most preferential position in matter-Regulation provides a forum and speedy procedure for enforcement of his rights-Disturbance of rights of tenant-Not necessarily always takes place by or at instance of landlord but may be by others as well-No express words in para. 25 suggesting proceedings under para. to be taken only against landlord, forcible eviction of a tenant of agricultural land by a rival pre-emptor, held, attracts jurisdiction of authorities prescribed in para. Khadim Hussain v. Assistant Collector etc. P L D 1977 Lah. 194 ref. JUDGMENT SHAFI-UR-REHMAN, J.-This appeal by leave has come up for considering the question whether forcible eviction of a tenant of agricultural land by a rival pre-emptor attracts the jurisdiction of the authorities prescribed in para. 25 of Land Reforms Regulation (M. L. R. 115) (hereinafter referred to as the Regulation) for claiming restoration of possession. Alongwith the appeal has come up for disposal another petition for leave which relates to the dismissal of the constitutional petition filed by the rival pre-emptor (not the tenant) challenging the decision of the authorities under the same law decree­ing the pre-emption claim of such a forcibly evicted tenant to be superior. 2. The facts of the case are somewhat involved but not so are the law points arising therein. By a registered sale deed dated 10-2-77 one Jada owner of agricultural land measuring 110 kanals 13 marlas in Chak No. 63/R-B Tehsil Jaranwala District Faisalabad sold it to Muhammad Hussain and others for a considerable sum. The registered deed contained a recital that Jehangir who was its tenant had taken his share of the harvested crop and had surrendered possession of the land. This registered deed is said to bear the thumb impression of the same Jehangir as a witness. On 23-2-77 i. e. within thirteen days Malla filed a civil suit claiming…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492