Law: Law Reforms Ordinance, 1972

Section: 25

Land Reforms Regulation, 1972 (M.L.R. 115)--   ---Para.25--Superior right of pre-emption-- Respondent claimed that she had a superior right to acquire land in dispute for she was collateral of vendor whereas petitioner alleged that he was tenant in land and by virtue of his status as such he enjoyed first right of pre-emption under Paragraph 25 of M.L.R.115--Factual position being that vendor and appellant voluntarily put an end to their relationship of landlord and tenant and instead brought about a new relationship of mortgagor and mortgagee between themselves on altogether different terms and with different incidents--When impugned sale took place appellant was holding land as a mortgagee and not as a tenant--Held, appellant could not invoke provision of paragraph 25 of M.L.R.l-137o defeat superior right of respondent. JUDGMENT SAAD SAOOD JAN, J.--This appeal by special leave arises out of a pre-emption suit brought by the respondent. The trial Court decreed the suit and its decree was affirmed by the District Judge, Campbellpur, in first appeal and by the High Court in second appeal. 2. The only question for consideration before us is whether the respondent had been able to establish a superior right to acquire the land in dispute vis-a-vis the appellant. Her claim was based on the assertion that she was a collateral of the vendor. At the trial, she was able to prove her assertion and now there is no controversy between the parties over her relationship with the vendor. On the other hand, the appellant alleged that he was a tenant in the land in dispute and by virtue of his status as such he enjoyed the first right of pre-emption under paragraph 25 of Martial Law Regulation No.115; consequently, the right which the respondent asserted was of no avail against him. The learned District Judge and the…

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