Law:

Section:

(a) Land Reforms Regulation, 1972 [M.L.R.115]---------Para.25---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted only on the question as to whether High Court's view, that sale in question on 12-6-1972 did not fall within "Kharif of 1972" which was the starting point for exercise of right of pre-emption under para.25, Land Reforms Regulation 1972, was valid. (b) Land Reforms Regulation, 1972 [M.L.R.115]--- ----Para. 25--Constitution of Pakistan (1973), Art.185(3)--Decree passed in favour of pre-emptor against vendee was challenged successfully by vendors before Board of Revenue and confirmed by High Court in Constitutional jurisdiction-­Vendor's locus standi to challenge decree passed in favour of pre-emptor-­Supreme Court after careful examination of decision of High Court on vendor's locus standi to file the appeal considered it necessary further to consider the points in addition to the one on which leave to appeal was granted. JUDGMENT MUHAMMAD AFZAL ZULLAH, C.J: --This appeal through leave of the Court is directed; against the dismissal by the High Court of appellant's Writ Petition which had arisen out of a pre-emption case. The appellant/vendee/defendant remained unsuccessful before the Member Board of Revenue and the High Court. Leave to appeal was granted only on the question as to whether the High Court view, that the sale in question on 12-6-1972 did not fall within "Kharif of 1972" which was the starting point for exercise of right of pre-emption under Paragraph 25 of the Land Reforms regulation, was valid. As the leave was granted only on one point the arguments advanced at the Bar were confined to it. After hearing on 4-4-1980 judgment was reserved. During the course of the preparation of the judgment it has been noticed that the appellant had taken another point also which if decided in his favour, the appeal would have to be accepted on that point alone. The same as narrated in the petition is that "in terms of Section 6 of the Land Reforms (Amendment) Act, 1976 (Act XLVIII of 1976) a vendor of land comprised in the tenancy of a tenant is not an aggrieved person to file an appeal and/revision challenging the…

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