Law: Punjab Pre-emption Act, 1913

Section: 21

Law: Constitution of Pakistan, 1973

Section: 185(3)

  Punjab Pre-emption Act (I of 1913)--   ---S.21--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal, grant of--Finding of fact--Interference with--Petitioner claiming right of pre-emption on ground of tenancy--Board of Revenue holding that he was not tenant--Petitioners constitutional petition also failed-­Finding of fact against petitioner not suffering from any infirmity, Supreme Court declined to interfere--Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH J.--Leave to appeal has been sought by a pre-emptor against the dismissal of his Constitutional Petition by the Lahore High Court. The petitioner had claimed the right of pre-emption on the ground of tenancy. Vendees plea was that the petitioner was not the tenant. His younger brother was in cultivating possession of the land, who had handed it over to the vendee on account of adjustment. The vendees plea having been accepted by the Member Board of Revenue, the petitioners Constitutional Petition having also been dismissed; leave to appeal is now sought. Learned Counsel has reiterated the two arguments advanced before the High Court: One, that the petitioner was the tenant and not his brother; Two, that…

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