Law:

Section:

Land Reforms Regulation, 1972 (M.L.R. 115)--Para. 25---Constitution of Pakistan (1973), Art. 185(3)---Plaintiff's suit for pre-emption of basis of being tenant of land in question---Plaintiff's suit was decreed by Collector in respect of part of land in question---Such decree was further modified in appeal and plaintiff's claim to decree was further reduced--­Board of Revenue maintained and decree of Appellate Court---High Court dismissed plaintiff's Constitutional petition against and decree of Board of Revenue---Validity---Plaintiff did not dispute that relevant Khasra Girdawari relating to specified period which would have entitled him to base his claim on tenancy, was not produced---Even no credible material was brought on record to substantiate that plaintiff was in possession of property in question as tenant at relevant time of sale---Plaintiff being pre-emptor must have established his right of pre-emption at these stages i.e.. at the time of sale of property in question, and at the time of institution of suit and also at the time of passing of decree in his favour---Plaintiff having failed to show his possession as tenant at relevant times his claim was rightly rejected by Board of Revenue and the High Court---Leave to appeal was refused in circumstances. Altaf Elahi Sheikh, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 26th March, 1996. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---The Petitioner is seeking leave to appeal against the order of a learned Judge in chambers dated 15-8-1995 whereby Writ Petition No.984 of 1995 filed by the petitioner was dismissed in limine. The relevant facts of the case are that agricultural land measuring 152 Kanals, 10 Marlas situated in Miani Bergi Tehsil Gujjar Khan was sold to Muhammad Khan and Jalal Din through Mutation No.450 which was attested on 6-10-1972. Four pre-emption suits were filed in the Court of Civil Judge, Gujjar Khan, which were subsequently transferred to A.C./Collector Gujjar Khan for disposal in accordance with the law. The Collector by judgment dated 4-5-1981 dismissed the suit filed by the Petitioner. On appeal the order of…

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