Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--S. 21-A---If a vendee-defendant improves his status after the date of the sale but before the institution of the suit he can rely on his improved status to defeat the suit of the pre-emptor. (b) Land Reforms Regulation, 1972 (M.L.R.115)--Para. 25---If a vendor sells the land to a tenant, the superior right conferred on the latter under para. 2.5 cannot be defeated on the ground that by the very same sale the rights of tenancy ceased to exist and, therefore, the tenant lost the superior rights conferred under para.25. Muhammad Khan v. Muzaffar PLD 1983 SC 181 fol. Fazal Khan v. Ghulam Rabbani PLD 1983 SC 265 and Muhammad Khan v. Muzaffar PLD 1983 SC 181 distinguished. JUDGMENT NASIM HASAN SHAH, ACTG. C J.---This appeal, by leave of this Court, is directed against the judgment of a learned Single Judge of the Lahore High Court, Multan Bench, dated 23-11-1982 passed in Civil Revision No.577/D of 1982. The relevant facts are that the appellant purchased the land in dispute, of which earlier he was the tenant, on 12-9-1971. The sale gave rise to two pre­emption suits; one was filed by respondent (Bashir Ahmad, respondent herein) and the other by Iqbal Ahmad Khan who later did not pursue the matter in higher forum and is now no longer in the picture. The respondent's suit was instituted on 12-9-1972. It was decreed by the trial Court and this judgment and decree was upheld by the District Judge, Muzaffargarh in appeal and by the High Court in revision. Hence this appeal, by leave of this Court. Admittedly, the appellant was a tenant in the land in dispute at the time of sale namely 12-9-1971 which sale was challenged by Bashir Ahmad, respondent, by filing a suit on 12-9-1972. The learned Courts below decreed the suit of Bashir Ahmad on the ground that under the Land Reforms Regulation 1972 the superior right of pre-emption of a tenant has been acknowledged as from Kharif 1972 namely from 15th June, 1972 only. Since the impugned sale transaction took place on 12-9-1971 when he did not possess the superior right of pre-emption and this sale was questioned by the pre-emption suit filed on 12-9-1972 when he was no longer a tenant…

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