Law:

Section:

Punjab Pre-emption Act (IX of 1991)--S.6---Constitution of Pakistan (1973), Art. 185(3)---Suit for pre­emption---Suit filed by petitioner plaintiff on ground of being a tenant was dismissed holding that plaintiff had failed to prove to be a tenant and such finding was upheld by High Court---Evidence on record had proved that land in dispute had been under cultivating possession of sons of plaintiff/petitioner and that petitioner was neither tenant nor at any time he .personally cultivated the land---Record also showed that plaintiff/petitioner was party to sale transaction---Plaintiff/petitioner, in circumstances, had no right of pre-emption and he being party to sale transaction was estopped to file suit. M. Rashid Bhatti, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 21st September, 1999. JUDGMENT IRSHAD HASAN KHAN, J.---This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, is directed against the order, dated 6-8-1999 of the Lahore High Court, Multan Bench, Multan, in Writ Petition No.7353 of 1999. 2. The facts are that the petitioner/plaintiff filed a suit for pre-emption in respect of the suit land on the ground of being a tenant. The suit was decreed by the trial Court. On appeal the decree was set aside. The Revision filed by the petitioner against the order of the Appellate Court was dismissed by the learned Member, Board of Revenue. Same was the fate of the writ petition filed in the High Court. Thereafter, the petitioner approached this Court, whereupon his case was remanded to the Additional Commissioner (Revenue) for decision afresh. On remand, the learned Additional Commissioner (Revenue) dismissed the appeal holding that the petitioner was not a tenant. This order has been upheld by the Board of Revenue as well as by the High Court vide the impugned order, dated 6-8-1999. 3. The learned counsel for the petitioner argues that the learned Additional Commissioner (Revenue) was wrong in holding that the petitioner had not produced any documentary evidence to show the correction of Khasra Girdawari in his favour. It was further argued…

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