Law:

Section:

Land Reforms Regulation, 1972 [M.L.R. 115]--Para. 25---Constitution of Pakistan (1973), Art.185(3)---Suit for pre­emption ---Dismissal of suit on ground of partial pre-emption ---Order of dismissal was set aside and suit for pre-emption was decreed by Additional Commissioner in appeal and affirmed by Board of Revenue in revision--­Defendant's Constitutional petition against decree was dismissed ---Validity--­Two of the points, relating to locus standi of Revenue Officers to decree suit for pre-emption and provisions of para.25, Land Reforms Regulation being repugnant to Injunctions of Islam were never raised before High Court---Other points being raised had been considered by the High Court on basis of evidence and were rejected---Superior right of pre-emption having been claimed on ground of being co-sharer in Khata, plaintiff was not obliged to pre-empt share of Shamilat Deh---Vendors had sold their entire land and delivered possession thereof, to defendants (vendees), therefore, plea of defendants that superior right of pre-emption of plaintiffs would extend only to fractional share in Khewat and not to specific Khasra numbers in his cultivation was devoid of force---No legal infirmity existed in the in question, whereby High Court had refused to exercise its Constitutional powers against orders impugned before it---Leave to appeal was refused in circumstances. Khawaja Muhammad Farooq, Advocate instructed by Ejaz Muhammad Khan, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 5th November, 1995. ORDER MUHAMMAD MUNIR KHAN, J.--This petition for leave to appeal directed against the order dated 28-11-1994 of Lahore High Court, Rawalpindi Bench, Rawalpindi, arises from the facts that on 1-3-1979, Muhammad Taj and Muhammad Nawaz Khan petitioners purchased land measuring 82 Kanals 17 Marlas in village Gharbal, District Rawalpindi through registered sale-deed from Muhammad Zahoor Iqbal, Muhammad Azhar Iqbal and Muhammad Tahir Mahmood. On 27-2-1980, Ghulam Muhammad alias Gamman respondent No.4 filed suit for possession by pre-emption of land measuring 73 Kanals 3 Marlas in the Court of Collector, stating in the plaint that his right of…

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