Law:

Section:

Punjab Pre-emption Act (I of 1913)-------S. 15---Constitution of Pakistan (1973), Art. 185(3)---Petition for leave to appeal---High Court had found that plaintiff though owner of land "in" the estate was not an owner "of' the estate---Petitioners contented that material on record did not justify the finding rendered by the High Court that the land owned by the plaintiffs was not assessed to land revenue and positive evidence having not been produced by either side, it should have been presumed by High Court that the plaintiffs' land was subject to land revenue; and in the alternative that even if it be assumed that the land owned by the plaintiffs was not subject to the payment of land revenue and even if it be accepted that the trend of the authorities so far had been to the effect that a person owning such a land would not be treated as owner of the estate nevertheless all the reasoning in the old authorities which had been followed subsequently was based on the Hindu and Colonial concepts of disparity of rights amongst various classes inhabitating different estates in the rural society of the Punjab and this class distinction was the main reason for treating a person though owning a piece of land in a particular estate as not being the owner of the estate and this reasoning was no more applicable in present day Pakistan under the particular Constitutional set-up which in its ethos and character, was Islamic, hence even if the land which was owned by the plaintiff was not subject to the payment of land revenue he could not be treated as "non-owner" of the estate--­Held, contention required examination and so also to see the concept of the owner of the estate in the changed circumstances particularly after the introduction of a new set-up of Courts on the Shariat side whereunder the customary law and practices had already been done away with. ORDER MUHAMMAD AFZAL ZULLAH, C J.---Leave to appeal has been sought by the successors-in-interest of a plaintiff in a suit for pre-emption; against the acceptance by the High Court, of respondents' Regular Second Appeal. The suit of the plaintiff was decreed by the trial Court. The respondents'/vendees' appeal was…

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