Law: Constitution of Pakistan, 1973

Section: 185(3)

Punjab Pre-emption Act (I of 1913)--S.15--Punjab Tenancy Act (V of 1887), S.60-A--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal granted to consider contentions (i) that original tenant who had filed the pre-emption suit in 1973 died in 1976 during its pendency before any decree could be passed; (ii) that the High Court wrongly made assumption that the right of pre-emption was inheritable and that one of the sons of the original tenant, having been found to be the successor tenant, impugned decree was unexceptionable; (iii) right of pre-emption as such was not inheritable; (iv) that peculiar right of pre-emption granted by Martial Law Regulation to a tenant could not be continued unless after his death the successor tenant under S.60-A, Punjab Tenancy Act continued to be the tenant at all relevant stages including those of suit and decree, and (v) that the eldest son of the original tenant alone could be treated as tenant under the law but the suit could not be decreed in his favour because, he had admittedly given up the tenancy as according to the findings, his younger brother was the tenant. Bashir Ahmad Ansari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 10th April, 1989. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by Vendee/defendant side in a pre-emption suit, against the dismissal by the High Court, of their Writ Petition. There have been earlier remands but after the final remand order the respondents' suit for pre-emption having been decreed throughout on the ground of tenancy by the Revenue Authorities, the petitioners' Writ Petition was also dismissed, therefore, they have now sought leave to appeal. Learned counsel,…

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