Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Constitution of Pakistan (1973)--Art. 185(3)--Land Reforms Regulation, 1972 (M.L.R. 115), para. 25--Leave to appeal granted to consider question of pre-emption with regard to portion recorded as Banjar Qadeem. (b) Land Reforms Regulation, 1972 (M.L.R. 115)---Para.2(13) & 25 [as amended by Land Reforms (North-West Frontier Province Amendment) Ordinance (XI of 1981)]--West Pakistan Land Revenue Act (XVII of 1967), S.4(12)(26)--"Tenant" definition of--Lessee whether cultivating land himself or through another person is a "tenant"--Amending Ordinance, 1981 being declaratory and clarifying in nature, was meant to supply omission and as such was retrospective in operation.--[Words and phrases--Interpretation of statutes]. Ramzan Ali v . Fazal Qadir and another Civil Petition No. 133-P of 1983, decided on 15-4-1984 and Craies on Statute Law 6th Edition, p. 394 ref. (c) Land Reforms Regulation, 1972 (M.L.R. 115)-- ---Para. 25--Right of pre-emption --Self-cultivating lessee-Portion recorded as Banjar Qadeem not pre-emptible. JUDGMENT M.S.H. QURAISHI, J.-- This appeal, by leave of the Court, arises out of a pre-emption suit instituted by respondent Fazal Wali to pre-empt the sale of land measuring 90 Kanals 14 Marlas in Khasra Nos. 1041, 1047 and 1101 on the ground that he, being a tenant of the land, had the first right of preference. The Collector, who heard the suit, dismissed it on the view that Fazal Wali was a lessee and not tenant and according to the Notification of Land Commission N.-W.F.P., dated 21-2-1977, the word "tenant" as used in paragraph 25 of M.L.R. 115 did not include a lessee who is covered by the definition of "landlord" as given in the Land Revenue Act. On appeal, preferred by Fazal Wali, the Additional Commissioner, however, held that he, being a self-cultivating lessee of the suit land, was to be considered a tenant for the purposes of M.L.R. 115 because the Notification relied upon by the Collector envisages -only a lessee who sublets his lease to a tenant instead of cultivating the land himself. He, therefore, decreed the suit. The appellants/ vendees assailed the decree in revision before the Board of Revenue but failed. Later, they…

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