Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Land Reforms Regulation, 1959 (M.L.R. No. 64), pare. 4(5)--Sale of resumed land--Entitlement of--Leave to appeal granted to examine whether words "at the time of the passing of the resumption order" as used in c1. (b) of para. 97 of Instructions of Land Reforms can have preference only to final order as it emerges after remedies provided by way of appeal and revision have been exhausted, and therefore, it would be appellant and not respondent who would be entitled to purchase these lands, and whether question of showing that previous tenant wilfully left land or had been ejected legally did not arise in case, as this requirement has reference only to tenant who is in possession of resumed land on date of death of previous owner whose case is covered by c1. (a) of para. 97, Land Reforms in West Pakistan, Vol. III. (b) Land Reforms Regulation, 1959 [M.L.R. No. 64]-- ---Para. 4(5)--Sale Scheme read with instruction No. 97, page 66 of Land Reforms in West Pakistan, Vol. III--Transfer of agricultural land-­Sale of resumed land--Entitlement of tenant in cultivating possession-­Land in dispute sold to respondent who was in possession when first order of resumption was made--Order impugned--Appellant at no stage claiming to be in possession of land at time of death of person on account of whose death inheritance opened as a result of which holding of declarant exceeded prescribed limit laid down by regulation-­Concurrent finding of fact recorded by competent authorities, upheld-­Entitlement of original tenant not to cease even though he may not be in possession at time of passing of resumption order--Determination of question of law whether final order of resumption would be relevant for purpose of c1 (b) of para. 97 or initial order to that effect, not necessary in circumstances--No case of interference having been made out by appellant before High Court in its constitutional jurisdiction, appeal failed and dismissed with costs. S.M. Masud, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate-on-Record for Appellant. Ch. Muhammad Bakhsh, Advocate Supreme Court instructed by Rana M.A. Kadri,…

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