Law:

Section:

(a) Land Reforms Regulation, 1972 (M.L.R.115)--Para. 25---Constitution of Pakistan (1973), Art. 185(3)---Defendant resisting suit for pre-emption on the ground that he being a tenant of land in question, had a better right qua the plaintiff---Defendant's such statement in Court, was neither questioned nor veracity of his statement challenged---Leave to appeal was granted to consider the contention of defendant (petitioner). (b) Land Reforms Regulation, 1972 (M.L.R 115)--- ----Para. 25---Civil Procedure Code (V of 1908), S. 115---Constitution of Pakistan (1973), Art. 185--- Concurrent finding of fact---Interference by High Court in revisional jurisdiction---Validity---Finding of fact recorded by two Courts below to the effect that defendant was tenant of specified part of the land in question, was also admitted by the plaintiff himself in his statement before Court as also his witness, Halqa Patwari---High Court had no justification to interfere in such concurrent finding of fact in revisional jurisdiction---Finding of High Court was set aside in circumstances. JUDGMENT ABDUL SHAKURUL SALAM, J.---This appeal by leave arises in the following circumstances: As a result of Court decree dated 16-7-1973 of the Senior Civil Judge, Bannu, area measuring 357 Kanals 18-3/4 Marlas was transferred in the name of Arif Khan, 59 Kanals 13-1/8 Marlas in favour of Ajab Khan and 59 Kanals 13-1/8 in favour of Gul Mir. Before the expiry of the period of limitation for pre-emption, Arif Khan transferred an area of 50 Kanals to Guldar Khan, the appellant. Isa Khan (since deceased and represented by his heirs, the respondents) pre-empted the entire suit land measuring 477 Kanals 4 Marlas. Two other persons also filed pre-emption suit. All were tried together. The appellant resisted the suit to the extent of sale in his favour of 50 Kanals on the ground that he had superior right being a tenant of the land in dispute. The learned trial Court decreed the suit of Isa Khan except to the extent of 50 Kanals of which the appellant was found to have better right being a tenant thereof. This is vide judgment and decree dated 8-3-1976. All the three pre­emptors filed appeals which were…

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