Law:

Section:

Land Reforms Regulation, 1972 (M.L.R. 115)--Para. 25---Constitution of Pakistan (1973), Art. 185(3)---Pre-emption suit--­Dismissal of suit by Collector on ground of waiver of right of pre-emption by plaintiff---Additional Commissioner, however, found that plea of waiver had not been established---Board of Revenue maintained such findings---High Court, after thorough examination of material on record, dismissed Constitutional petition on the ground that orders passed by Revenue hierarchy did not suffer from any legal infirmity or jurisdictional defect---Validity---Constitutional jurisdiction being discretionary in nature, High Court on basis of evidence on record, rightly declined to exercise that jurisdiction for purpose of interfering with s of Revenue Courts merely due to their alleged omission to answer any particular issue in clear terms---Order in question was based on good grounds warranting no interference---Leave to appeal was refused in circumstances. Malik Talat Hussain Awan, Advocate and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 21st December, 1994. ORDER IRSHAD HASAN KHAN, J.---Leave to appeal is sought against the judgment dated 7-4-1993 passed by the learned Judge of the Lahore High Court in Writ Petition No. 166 of 1985. 2. The facts in brief are that the land measuring 10 Kanals 1 Maria was sold by Ali Ahmad Shah to the petitioner for a sum of Rs.1,75,000 through a registered sale-deed dated 20-12-1977. Ghulam Haider respondent No.l filed a suit on 5-10-1978 to pre-empt the sale being tenant. The suit was resisted by the petitioner giving rise to various issues. The Collector, in the light of pleadings of the parties, issues arising therefrom and the evidence produced by the parties, dismissed the suit through judgment dated 29-10-1979 holding inter alia that respondent No.1 had waived his right of pre-emption. The issue regarding correctness of the price in the sale-deed was decided in favour of the petitioner. Appeal filed by respondent No.l was accepted by the Additional Commissioner (Revenue), Sargodha Division, Sargodha vide order dated 16-8-1981 inter alia holding that the plea of…

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