Law:

Section:

Land Reforms Regulatton,1972 [M. L. R. 115]- Para. 25 (3)-Right of pre-emption-Held: Extends also to land not actually cultivated by tenant including ghair mumkin part and land in occupation of party as tenant.-[Pre-emption]. JUDGMENT The petitioner, Amanat Khan, filed a suit against the respondent, Ghulam Sarwar, for possession of certain land through pre-emption. It was alleged by the petitioner that he was son of Fazal Khan who had sold the disputed land to the respondent. The suit was resisted by the respondent inter alia on the ground that he was in occupation of the land in question as a tenant. The Civil Judge, who heard the suit, found that the respondent was in posses­sion of some of the land as a tenant. The suit was, therefore, dismissed in regard to that land but was decreed in respect of rest of the land. The petitioner filed an appeal against the judgment and decree of the learned Civil Judge but without success. He has, therefore, come up in revision to this Court. 2. It was contended by learned counsel for the petitioner that some of the land left with the respondent was ghair mumkin and, therefore, he could not be treated as tenant of that land. This point was not expressly raised before the trial Court and thus the respondent had no opportunity to present his view point in the matter.…

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