| Citation(s) |
|---|
| 1991 SLG 1678 1991 SLD 1678 1991 CLC 319 |
Board of Revenue, Punjab
R.O.R. Nos. 1330 and 1586 of 1981, decided on 10th June, 1990. DATE of hearing: 19th May, 1990
SYED SARFRAZ HUSSAIN, MEMBER (JUDICIAL L)
Ch. Muhammad Hussain for Petitioner (in R.O.R. No. 1586 of 1981). Ghulam Hussain Malik for respondent No. 1. (in R.O.R. No. 1586 of 1981). Malik Allah Wasaya for Petitioner (in R.O.R. No. 1330 of 1981)
R.O.R. Nos. 1330 and 1586 of 1981, decided on 10th June, 1990. DATE of hearing: 19th May, 1990
SYED SARFRAZ HUSSAIN, MEMBER (JUDICIAL L)
Ch. Muhammad Hussain for Petitioner (in R.O.R. No. 1586 of 1981). Ghulam Hussain Malik for respondent No. 1. (in R.O.R. No. 1586 of 1981). Malik Allah Wasaya for Petitioner (in R.O.R. No. 1330 of 1981)
GHULAM OASIM
VS
MAHMOOD and others
Law:
Section:
Land Reforms Regulation, 1972 [M.L.R. 115]-- ----Para. 25---West Pakistan Land Revenue Act (XVII of 1967), S.164---Pre emption suit by tenant---Vendor was owner of 1/4th share in Khata equal to 8 kanals in joint Khata---Sale was not of specific Khasra numbers---Respondent being tenant under vendor was entitled to 1/4th area under his tenancy---Appellate Court's decree was set aside and the one granted by Collector was restored. 1983SCMR293and1989SCMR796ref. (b) Land Reforms Regulation, 1972 [M.L.R 115]--- ----Para. 25---Pre-emption suit by tenant---Rival pre-emptor's right at revisional stage---Rival pre-emptors, having not challenged order and, decree of Collector before Additional Commissioner and decree in favour of respondent having been granted on basis of superior right of tenancy; rival pre-emptors' had no locus standi to agitate the matter at revlsional stage---Rival pre-emptors' potation was dismissed in circumstances. ORDER These two revision petitions have been directed against the .order of Additional Commissioner/(Rev.), Sargodha Division dated 22-4-1981, whereby he accepted the appeal of Mahmood respondent No.1 and decreed his preemption suit to the extent of eight kanals for a consideration of Rs.4,800 and directed him to deposit the price of land, less the amount already paid within one month from the date of order failing which his suit would stand dismissed. As the facts of cases are identical and the parties are similar, therefore, these two revision petitions are disposed of by this single order. 2. Arguments of both the counsel for the parties were heard on 19-5-1990 and the cases were adjourned for orders. The learned counsel for Ghulam Qasim petitioner/respondent contended that Mst. Hajran vendor was owner of 1/4th share in Khasra No. 360 measuring 7 kanals 18 marlas and No.325 measuring 22 kanals 16 marlas and Mahmood respondent No.1 was tenant on 8 kanals out of these Khasra Nos. Mst. Hajran vendor sold an area of 8 kanals out of her joint Khata No. 341 measuring 32 kanals and one marla. Mahmood respondent way thus entitled to pre-emption decree of only 2 kanals i.e. 1/4th share and the learned Assistant Commissioner,/Collector has…
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