Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Sind Tenancy Act (XX of 1950), S. 13--Tenant--Right of pre-emption--Suit for declaration and injunction decreed in appeal on grounds that impugned orders of Revenue Officers were passed in violation of rule of natural justice inasmuch as respondents were not given opportunity of hearing at any stage; that sale in their favour was effected after petitioner's tenancy was terminated; and that right of pre-emption was granted to petitioner when no such prayer was made by him in his original application--Petitioner's revision petition challenging above findings dismissed--Leave to appeal granted to consider contentions (i) that High Court had erred in holding that rule of natural justice was violated because respondents were afforded full opportunity to represent their grievances in their revision application before Deputy Commissioner; (ii) that tenancy of petitioner was not finally terminated and (iii) that there was no bar on appellate authority to entertain such prayer which was clearly made in memo of appeal before Assistant Commissioner. Abdul Hafeez Memon, Advocate Supreme Court and Muzaffar Ali Khan, Advocate-on-Record for Petitioner. Faizanul Haq, Advocate-on-Record for Respondent No. 1. Date of hearing: 11th June, 1985. ORDER ZAFFAR HUSSAIN MIRZA, J.--Petitioner Wall Muhammad, being aggrieved by the judgment, dated 19th April, 1984, of a learned Single Judge of the Sind High Court dismissing his revision petition, seeks leave to appeal. 2. Briefly the facts are that the petitioner was admittedly the permanent Hari of a plot of agricultural land bearing Survey No. 17, Deh Rajo Dehri, Taluka Kandiaro, District Nawabshah, admeasuring 3 Acres and 30 Ghuntas, since 1947. This land was owned by Salam Khan and others and was on lease with one Sher Zaman. In about January, 1974, the lessee started harassing the petitioner and as the latter came to know that the land was sold to someone else, the petitioner filed an application to the Mukhtiarkar and Tenancy Tribunal, Taluka Kandiaro, in which he also expressed his preparedness to purchase the land. At about the same time Stier Zaman also submitted an application…

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