Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Land Reforms Regulation, 1972 [M.L.R. 115]--Para. 25--Punjab Pre-emption Act (I of 1913), S.15--Constitution of Pakistan (1973), Art. 185(3)--Pre-emption suit against tenants who had purchased a share of larger khata wherein they were tenants on a smaller parcel of that khata--Such suit decreed by Trial Court but dismissed by First Appellate Court in its entirety-­High Court in second appeal, dismissed suit to the extent of the share only purchased by petitioners m land which was under their cultivation--Petitioners' contention that District Judge having set aside the decree before 31st July, 1986 when in Said Kamal's case reported as P L D 1980 S C 300, came into effect, High Court was not competent to decree such pre-empt ion suit even partly, because law of pre-emption under which suit was filed ceased to have effect on that date, repelled--Such controversy stood resolved in Sardar Ali's case reported as P L D 1988 S C 287, whereby pre-emptor having obtained a pre­emption decree in the trial forum before 31st July, 1986, could not be non-s oiled in the still higher forum including the Supreme Court, on the ground that relevant law had ceased to have effect on 31st July, 1986. Government of N.-W.F.P. v. Malik Said Kamal Shah P L D 1986 S C 360 and Sardar Ali etc. v. Muhammad Ali etc. P L D 1988 S C 287 fol. (b) Constitution of Pakistan (1973)-- ---Art.185(3)--Leave to appeal--Nut appropriate to grant lave to appeal for reconsideration of s of Supreme Court. Fatch Khan v. Abdul Rahman 1983 S C M R 293 and Lai Khan v. Faiz Ahmad and another 1956 S C M R 1962 ref. (c) Land Reforms Regulation, 1972 [M.L.R. 115]-- ---Para. 25--Punjab Pre-emption Act (I of 191.>), S.15--Pre-emption suit--Tenants having purchased share of a larger khata wherein they were tenants on a smaller parcel of that khata, their plea that entire land in their tenancy if formed part of the khata and also part of the purchased land, should be kept out of pre-emption on basis of superior right, repelled--When petitioners purchased I/4th share of a larger khata they became owners by virtue of such purchase in each of the smallest parcels of such Khata to the extent of 1/4th share--Such…

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