Case Details

Citation(s)
1989 SLG 786 1989 SLD 786 1989 SCMR 847 1989 SLD 1342 1989 SCMR 847
Supreme Court of Pakistan
Civil Petition No.41-R of 1988, decision dated: 29-01-1989
NASIM HASAN SHAH AND ALI HUSSAIN QAZILBASH, JJ

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MUHAMMAD ASLAM and others

VS

KALA KHAN Represented by his Legal Heirs

Law: Constitution of Pakistan, 1973

Section: 185(3)

Land Reforms Regulation, 1972 [M.L.R. 115]--Para.25--Pre-emption--Constitution of Pakistan (1973), Art. 185(3)--Pre-emptor successfully pre-empted sale of land made by landlord in favour of vendees/petitioners on ground of their being tenant in cultivating possession of land--Petitioner's plea that respondent /pre-emptor's attorney in cross­ examination, had stated that pre-emptor was in possession of land as an owner, hence he could not pre-empt sale, repelled--Same contention was also raised before High Court where it was rejected on the ground that it was established on record that such pre-emptor was in continuous possession of land since long as a temporary allottee, and that statement of attorney, read in its true perspective did not contradict stand of respondent /pre-emptor that he was tenant of land--High Court's view being in accord with record, was factually correct--Leave to appeal was refused in circumstances. Mirza Muhammad Anwar Beg, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 29th January, 1989. ORDER NASIM HASAN SHAH, J.--The respondent Kala Khan (now deceased…
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