Case Details

Citation(s)
1989 SLG 881 1989 SLD 881 1989 SCMR 1066 1989 SLD 1438 1989 SCMR 1066
Supreme Court of Pakistan
Civil Petition No.1354 of 1983, decision dated: 23rd May, 1988
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ

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NAZAR MUHAMMAD and others

VS

SAMI KHAN

Law: Constitution of Pakistan, 1973

Section: 185(3)

Land Reforms Regulation, 1972 [M.L.R. 115]--Para. 25--Constitution of Pakistan (1973), Art.185(3)--Pre-eruption suit-­Vendees' claim to be tenants in the land--Jurisdiction--Mere claim by vendees that they were tenants in the land in dispute to defeat the right of pre-emptor, would not make it a case triable by Revenue Court--Petition being devoid of merit, leave to appeal was refused. M. Anwar Sipra, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record (since dead) for Petitioners. S. Inayat Hussain, Advocate-on-Record for Respondent. Date of hearing: 23rd May, 1988. ORDER SHAD SAOOD JAN, J.--This is a petition for special leave to appeal arising out of a pre-eruption suit. It was decreed by the trial Court and the petitioner's appeal before the Additional District Judge and the High Court remained unsuccessful. 2. The respondents are the legal heirs of Sami Khan. The suit was brought by Sami Khan. He based his superior right on the assertions that he was a collateral of the vendors and also an owner in the estate. The petitioners resisted the suit, alleging that they were tenants in the land in dispute and as such the right…
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