Law:

Section:

(a) Land Reforms Regulation, 1972 (M.L.R.11S)---Para. 25---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine question of law viz. what would the expression, "as from Kharif ..... a tenant would have the first right of pre-emption in respect of the land comprised in tenancy" imply in exact point of time for the purposes of pre emption. (b) Land Reforms Regulation, 1972 (M.L.R.115)--Para. 25---Tenant who had ceased to be a tenant before Kharif 1972 by becoming an owner of his erstwhile tenancy whether could invoke his erstwhile tenancy for making, challenging or defeating the right of pre-emptor on the date of sale---Right of pre-emption created by para. 25, Land Reforms Regulation, 1972, was available only to persons who were tenants on the date of the enforcement of the Regulation or thereafter ---Vendees having purchased land in question on 12-7-1971, their status as tenants, thereof, came to an end before the enforcement of Land Reforms Regulation, 1972 and they were thus, not vested with right of pre-emption created there-under, so as to defeat right of pre-emption claimed against them ---Vendees having once become owners, they could not claim any right as tenants, for their right as tenants would be extinguished by merging of the interests of tenants into ownership rights. Fazal khan and another v. Ghulam Rubbani PLD 1983 SC 265 fol. (c) Punjab Pre-emption Act (I of 1913)- ----S.15---Limitation Act (IX of 1908), S.3---Suit for pre-emption filed on last day of limitation with a court-fee of Rs.15 (fifteen)---Court-fee being deficient was made up in two years' time from the institution of suit i.e., after limitation had expired---Effect---Suit for pre-emption having been filed within limitation, question of limitation would arise if after determining proper court-fee, time was allowed and deficiency was not. made good within specified period as per, rule laid down by Supreme Court in Shahna Khan's caw, reported as PLD 1984 SC,157. Shahna Khan v. Aulia Khan and others PLD 1984 SC 157 rel. (d) Land Reforms Regulation, 1972 (M.L.R.115)- ----Para. 25---Commencement of Kharif season in point of time---In the provinces of Punjab…

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