Law:

Section:

Punjab Pre-emption Act (I of 1913)--S. 15---Constitution,of Pakistan (1973), Art. 185 (3)---Plaintiffs suit for pre­emption was decreed by al] the Courts below including the High Court--­Validity---Defendants' plea that High Court did not advert to the question of pre-emptory right of tenancy of defendants was of no avail for only issue agitated in appeal before High Court was about the quantum of compensation awarded to defendants for the improvements made by them in property in question ---Pre-emptory right of tenancy was not pleaded in written statement, therefore, High Court was justified in not taking notice of same---Local Commissioner appointed with the consent pf parties determined cost of improvements which far exceeded the claim of defendants---Judgment of High Court being correct, no interference was warranted therein---Leave to appeal was refused in circumstances. ORDER MANZOOR HUSSAIN SIAL, J.--The petitioners seek leave to appeal from judgment dated 11-7-.1993, passed by learned Judge in the Lahore High Court, dismissing R.SA. No.12/1993, filed by the petitioners, The respondent instituted suit on 21-12-1980, pre-empting the sale of the land in dispute dated 22-12-1979, the suit was contested by the petitioners but was decreed on 21-12-1980, by the learned Civil Judge, Vehari. The judgment and decree dated 21-12-1980, of the Civil Court was maintained in appeal by the District Judge, Vehari, as well as by the High Court in revision. Learned counsel for petitioners contended that learned Courts below did not advert to the question that Abdul Rehman and some other petitioners were tenants on the land m dispute at the relevant time and had thus superior right of pre-emption than…

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