| Citation(s) |
|---|
| 1986 SLG 1040 1986 SLD 1040 1986 SCMR 1962 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 375 of 1986, decided on 12th October, 1986., (From the judgment/order of the Lahore High Court, Bahawalpur Bench, dated 29-1-1986 passed in Civil Revision No. 24-D of 1986/ B.W.P).
ASLAM RIAZ HUSSAIN AND MUHAMMAD AFZAL ZULLAH, JJ
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Civil Petition for Special Leave to Appeal No. 375 of 1986, decided on 12th October, 1986., (From the judgment/order of the Lahore High Court, Bahawalpur Bench, dated 29-1-1986 passed in Civil Revision No. 24-D of 1986/ B.W.P).
ASLAM RIAZ HUSSAIN AND MUHAMMAD AFZAL ZULLAH, JJ
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LAL KHAN
VS
FAIZ AHMAD and another
Law:
Section:
Constitution of Pakistan (1973)-----Art. 185(3)--Punjab Pre-emption Act (I of 1913), Ss. 17 1 21--Land Reforms Regulation, 1972 (M.L.R. 115) para. 25 (3) (d)--Pre-emption-Preferential right of tenant--Suit for pre-emption by co-sharers--Land sold by some of co-sharers from un-partitioned Khata--Vendees claim of preferential right of pre-emption on account of tenancy, not sustained-Portion sold did not comprise land in his tenancy--Vendee could claim superior right of pre-emption only in respect of land comprised in his tenancy--Decree of Trial Court upheld--Leave to appeal refused. Riaz Anwar, Advocate Supreme Court and Rana Maqbool Ahmad, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 12th October, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought from judgment, dated 29th January, 1986, of the Lahore High Court; whereby petitioners Civil Revision arising out of a pre-emption suit, was dismissed. The petitioner is vendee-defendant. According to the facts given by the learned counsel he purchased the land in dispute from Arif and Mst. Faiz Ilahi. Faiz Ahmad and Mohammad Mukhtar the collaterals of the vendors (respondents herein) filed suit for pre-emption. The petitioners defence was that he being a tenant in respect of the land in dispute had a preferential right under paragraph 25(3)(d) of the Land Reforms Regulation. The suit was decreed. The petitioners appeal and Revision having been dismissed, he has now sought leave to appeal. Learned counsel has reiterated the same contention as was raised before the High Court, namely, that the land in dispute was sold from joint Khatas wherein the verdors had share in every parcel of those Khatas and the petitioner being a tenant on…
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