Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Punjab Pre-emption Act (I of 1913)--S.15--Land Reforms Regulation, 1972 (M.L.R. 115], para.25--Pre-emption suit by co-sharer--Suit resisted by vendee as being tenant of suit land--Suit decreed to the extent of 2/3 share in favour of pre-emptor while' that relating to 1/3 share was allowed to remain with vendee on ground of tenancy--Tenant's plea that pre-emption suit relating to entire land should have been dismissed as he was tenant regarding the entire suit land, repelled--Such plea could not be accepted because vendee did not purchase any specific area of suit land in joint holding of vendor and pre-emptor--Such vendee got a share which amounted to 1/3 of total joint holding, therefore, he would be entitled to retain 1/3 of total area under his tenancy. Lal Khan v. Faiz Ahmad 1986 S C M R 1962 distinguished. (b) Punjab Pre-emption Act (I of 1913)-- ---S.15--Land Reforms Regulation, 1972 [M.L.R. 115], para. 25--Constitution of Pakistan (1973), Art. 185(3)--Pre-emption suit by co-sharer--Trial Court dismissed suit on ground that vendee was tenant of suit land--First Appellate Court reversed finding by granting pre-emptor decree to the extent of 2/3 share of land, which finding was upheld by High Court in second appeal--Petitioner's plea that he had not been heard by First Appellate Court whereby dismissal of suit by Trial Court was reversed--Petitioner failed to satisfy Supreme Court that if case was remanded for affording petitioner opportunity of being heard, result would be different--Objections raised being based on mere technicalities leave to appeal was refused. A.R. Shaukat, Senior Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Petitioner (in C.P. No.352/1981). Nemo for Respondent (in C.P. No.352/1981). S.1qba1 Haider Zaidi, Advocate with Sh. Masud Akhtar, Advocate-on­Record for Petitioner (in C.P. No.498/1981). Nemo for Respondent (in C.P. No.498/1981). Date of hearing: 23rd May, 1988. ORDER MUHAMMAD AFZAL ZULLAH, J.--These two petitions; one by a pre-emptor and the other by vendee-defendant arise out of the same case. Therefore, they are being disposed of together. Muhammad Sharif, petitioner (C.P. No.498/81) sued for…

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