Law:

Section:

Land Reforms Regulation, 1972 (M.L.R. 115)-------Para. 25---Civil Procedure Code (V of 1908), S.100---Punjab Pre-emption Act (I of 1913), S. 15---Transfer of Property Act (IV of 1882), S. I l I (d) --- First vendee having purchased land in question, transferred the same in favour of subsequent vendee ---Plaintiff being heir of vendor; co-sharer in Khata of land in question, filed suit for pre-emption ---Subsequent vendee's claim of being tenant of suit land was dismissed by two Courts below and plaintiff's suit was decreed---Validity---Subsequent vendee had purchased land in question from original vendee on 23-10-1970, therefore, sale in her favour was not in recognition of superior pre-emptive right---Subsequent vendee's rights merged into and matured as ownership rights in terms of S.111(d), Transfer of Property Act, 1882---Subsequent vendee, on becoming owner of land in question through purchase on 23-10-1970 ceased to be tenant on land in question---Right of pre­emption to tenant was given from Kharif 1972 through para. 25, Land Reforms Regulation 1972, while at that time subsequent vendee was in possession as owner and not as tenant---Subsequent vendee thus, could not resist admitted superior pre-emptive right of plaintiff on the basis of alleged tenancy in her favour---Subsequent vendee's claim to resist superior pre-emptive right of plaintiff having been rightly dismissed by two Courts below, no valid ground was made out to interfere in such finding. Ali Muhammad v. Malik Pir Bakhsh PLD 1986 Lah.39; Malik Pir Bakhsh and others v. Ali Muhammad 1992 SCMR 1031; Elahi Bakhsh and 2 others v. Mst. Balqees Begum and 4 others 1992 SCMR 2443 and Fazal Khan and another v. Ghulam Rabbani PLD 1983 SC 265 ref. JUDGMENT On 30-12-1969, through Mutation No. 83,Dara (respondent No.2-defendant No. l), purchased the suit land from Muhammad Abbas and another ostensibly for Rs. 6,500. On 23-10-1970, Dara transferred this land to Mst. Bakhshai (appellant-defendant No. 2). Qutab Din (respondent No.l-plaintiff) pre-empted the sale being' an heir of the vendors, an owner in the village and a co-sharer in the Khata of the suit land. The suit was contested. Finally, the learned…

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