Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) West Pakistan Land Reforms Regulation, 1959 [M.L.R.64]--   ---Para. 25(4)--Pre-emption--Scope of restriction placed on alienation of a holding--Ex press. words of clause (4) of para 25 of Land Reforms Regulation restricting right to alienate property, held, would not prohibit a pre-emption claim or a court sale—Prohibition did not cover every transaction of transfer of property but covered voluntary alienations by sale, mortgage, gift or otherwise entered into between two persons.   (b) Pre-emption---   ---Pre-emption claim, claim, held, was not one of purchase or repurchase but of substitution--Concept of substitution itself implied that validity or invalidity of original sale in favour of first vendee devolved on successful pre-emptor who substituted him.   (c) West Pakistan Land Reforms Regulation, 1959 [M.L.R.64]-   --Para. 25(4)--Constitution of Pakistan (1973), Art .185(3)--Leave of appeal was granted to vendee in a pre-emption suit to examine whether pre-emptors claim to property could succeed so as to violate provisions of para 25 of Land Reforms Regulation, 1959--Sale in favour of appellant himself was neither imperfect nor violative of any provision of law-­   Person substituting him, held, could not bring forth, while substituting vendee, his own incapacities or disqualifications extraneous to and forming no impediment to his right to pre-empt property- -Pre-emption right being a right of substitution and not of sale. purchase or repurchase would remain unaffected by para 25 of Land Reforms Regulation, 1959.   JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to the vendee in a pre-emption suit to examine, whether the pre-emptors claim to the property could succeed so as to violate the provisions of para 25 of Land Reforms Regulation; 1959. The father and an uncle of the minor plaintiff/pre-emptor alienated land measuring 16 Kanals 9 Marlas in village Dhoorey, Tehsil Gujarkhan and mutations of sale were attested on 26th of September, 1968. The minor instituted a suit through a next friend, his mother, claiming superior right of pre-emption on the ground that he was an heir of both the vendors. While…

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