Law:

Section:

Civil Procedure Code (V of 1908)-----S. 149, O. VII, R. 11--Punjab Pre-emption Act (I of 1913), Ss. 15 & 21 --Court Fees Act (VII of 1870), Ss. 9 A 10--Constitution of Pakistan (1973), Art.185(3)--Pre-emption--Preferential right of tenant--Repugnancy to injunctions of Islam--Suit for pre-emption-Preferential right of tenant--Leave to appeal granted to examine contention that respondents being merely tenants of land could not pursue their suit for pre-emption which had abated as they did not fall in category of persons who possess right of pre-emption under injunctions of Islam. Shana Khan v. Aulia Khan P L D 1984 S C 157 and Government of N.-W.F.P. v. Said Kamal Shah P L D 1986 S C 360 rel. JUDGMENT NASIM HASAN SHAH, J.--The petitioner is the vendee of a piece of agricultural land. The respondents Nos. l and 2 questioned the sale through a pre-emption suit claiming that they had a preferential right of sale, being tenants of the land in question. The plaint, however, was rejected by the Assistant Commissioner/ Collector on the ground that the respondents had failed to deposit the requisite Court-fee, despite being asked to do so. The respondents challenged the order of the Assistant Commissioner, but their appeal was dismissed by the Additional Commissioner. They then approached the Board of Revenue, by a revision, which too was dismissed. However, the High Court in exercise of its writ…

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