Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 185(3) read with Land Reforms Regulation, 1972 (M. L. R. 115), para. 25-Pre-emption-Leave to appeal-Granted to consider question whether vendee-tenant of land can defeat right of a pre-emptor on a plea of improvement of status since sale.-[Pre-emption]. (b) Land Reforms Regulation, 1972 ]hi. L R. 115]- -- Para. 25(3) read with Transfer of Property Act (IV of 1882); S. 111 (d)-Pre-emption-Right of-Principle of merger-Land lord vendor executing registered sale-deed in favour of tenant in 1971 before coming into force of Regulation-Right of pre-emption created under para. 25 (3) of Regulation not vesting in such tenant-vendee at time of sale-Held, appellant's rights as tenant getting extinguished by merger of such rights into ownership rights prior to enforcement of Regulation, he could not. claim any right as tenant so as to be vested with right and pre-emption created under para. 25 (3) of Regulation-Question of improvement in status does not arise in such case. Muhammad Iqbal v. Nazir Ahmad 1980 C L C 1012 distinguished. Muhammad Khan v. Muzaffar P L D 1983 S C 181 ref. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.-This is an appeal by special leave against the order dated 25-2-1975 passed by a learned Single Judge of the Lahore High Court at Lahore, whereby appellant's second appeal was dismissed in limine. Leave has been granted in this case to consider the question whether the vendee/tenant of land can defeat the right of a pre-emptor on a plea of improvement of status the sale, by reason of the superior of pre-emption conferred under Article 25 of the Land Reforms Regulation, 1972. 2. The appellants purchased the suit land from its owner Dost Muhammad by means of a registered sale dated 12-7-1971. Subsequently the respondent brought a-suit for pre-emption of the land claiming a superior right on the basis of his being a collateral of the vendor. The appellants resisted the suit, inter alia, on the plea that at the time of sale, they being the tenants of the suit land, had improved their status by virtue of the superior right of pre-emption created under Article 25 of the Land Reforms Regulation. The suit was decreed by the…

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