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1987 SCMR 676 Present: Aslam Riaz Hussain, Muhammad Afzal Zullah and Mian Burhanuddin Khan, JJ Major (Rtd.) GHANI KHAN--Petitioner Vs ABDUL MUQTADIR KHAN and another--Respondents Civil Petition for Special Leave to Appeal No.202-P of 1983, decided on 17th November, 1986. (From the order of the Lahore High Court, Lahore, dated 9-4-1984 in R.S.A. No. 642 of 1972). Constitution of Pakistan (1973)-- ---Arts. 185(3) & 199--Constitutional jurisdiction, exercise of--Failure to avail remedy by way of appeal/revision--Effect--Remedy of appeal and revision though available, not availed of--Limitation for appeal having expired, relief obtained through constitutional jurisdiction--Order impugned--No tangible explanation offered by respondent for not availing of remedy of appeal/revision--Petition converted into appeal and allowed--Impugned of High Court set aside.--[Appeal (civil)]. M. Sardar Khan, Advocate Supreme Court with M. Qasim Imam Advocate-on-Record for Petitioner. Abdur Rehman Khan, Advocate Supreme Court with Nur Ahmad Khan Advocate-on-Record for Respondent No.1. Date of hearing: 17th November, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from , dated 6-4-1983 of the Peshawar High Court; whereby respondent's Constitutional Petition arising out of a pre-emption case, was allowed. 2. Respondent No.1 instituted suit against petitioner/ vendee, before a civil Court for possession of the suit land through pre-emption on various grounds including one of tenancy under M.L.R. 115. It was transferred to the Collector…

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