Law:

Section:

(a) Land Reforms Regulation, 1972 (M.L.R.115)------Para.2(13) [as amended by Land Reforms (North-West Frontier Province Amendment) Ordinance (XI of 1981)1---"Lessee" excluded from the definition of `tenant' by amending Ordinance XI of 1981----Lessee" whether cultivating the land himself or through another person is not a tenant---Ordinance XI of 1981 is retrospective in operation. Naimatullah Khan v. Government of Pakistan P L D 1979 Pesh. 104 ref. Bakhtawar Shah v. Member, Board of Revenue 1985 S C M R 348 and Craies on Statute Law, 6th Edn., p.394 rel. (b) North-West Frontier Province Pre-emption Act (XIV of 1950)--- ---S.12---Plea not taken in trial not to be agitated before Supreme Court--­Plaintiff's plea that the lower Tribunal and High Court had failed to consider the superior right of pre-emption on the basis of contiguity lacked merit in that the point was not at all agitated either before the Tribunal or the High Court---Both parties, however, owned properties contiguous to the land in question and thus right of pre-emptor was equal to that of vendees---Question of superior right on basis of contiguity thus, did not arise. Mian Inamul Haq, Advocate Supreme Court and Ghulam Dastgir, Advocate-on-Record for Appellant. M. Awan Khan, Advocate Supreme Court and Nur Ahmad Khan, Advocate-on-Record for Respondents. Date of hearing: 26th November, 1989. JUDGMENT ALI HUSSAIN QAZILBASH, J.---This appeal by leave arises from the order of a learned Division Bench of the Peshawar High Court, dated 23-6-1987, whereby the writ petition filed by the respondents was allowed. 2. Rozi Muhammad appellant was successful in securing a pre-emption decree from the Court of the Assistant Collector, Dargai, on 6-1-1981. This decree was, however, set aside by the Additional Commissioner, Malakand, vide order dated 28-10-1981 basing his findings on the decision of the Shariat Bench of the Peshawar High Court in the case of Naimatullah Khan v. Government of Pakistan P L D 1979 Pesh. 104 and the Law Reforms (North-West Frontier Province Amendment) Ordinance (XI of 1981) issued by the Government of N.-W.F.P. on 28-9-1981 amending M.L.R.115 whereby the lessee was excluded from the…

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